LEGAL PRINCIPLE: APPELLATE PRACTICE – Competence of Appeal – Effect of Incompetent Grounds on Entire Appeal
PRINCIPLE STATEMENT
If all grounds contained in the notice of appeal are incompetent, the appeal itself is also incompetent; additional grounds have no appeal to be anchored on.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Orakosim & Ors v. Menkiti (2001) NLC-811995(SC) at pp. 10–11; Paras D–A.
"All the four grounds contained in the Notice of Appeal being incompetent, the appeal itself is also incompetent. And being incompetent, the additional ground will have no appeal to be anchored on."
EXPLANATION / SCOPE
If every ground in a notice of appeal is incompetent (e.g., for lack of leave where required), the entire appeal is incompetent. There is no valid appeal to which additional grounds can attach. The court will strike out the appeal. An incompetent ground cannot support an appeal; multiple incompetent grounds cannot collectively create competence. The principle ensures that appellants comply with procedural requirements. A single competent ground can sustain an appeal, but if none exist, the appeal fails. The appellant cannot cure incompetence by filing additional grounds without addressing the fundamental defect. The appeal must be properly constituted from the outset.
