LEGAL PRINCIPLE: CIVIL PROCEDURE – Grounds of Appeal – Incompetent Grounds Render Dependent Issues Incompetent
PRINCIPLE STATEMENT
When a ground of appeal is incompetent, any issue for determination based on that ground goes to no issue and should be struck out. An issue cannot exist independent of its ground of appeal.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Agbaka v. Amadi (1998) NLC-561994(SC) at p. 6; Para A.
"When a ground of appeal is incompetent, any issue for determination based on the incompetent ground goes to no issue and should be struck out as incompetent. An issue for determination derives its support from the ground of appeal and cannot exist independent of the ground of appeal. It automatically collapses when the ground of appeal ceases to exist."
EXPLANATION / SCOPE
Issues for determination derive from grounds of appeal. An incompetent ground cannot support an issue. The court will strike out issues based on incompetent grounds. The principle applies to all appeals. The appellant must ensure grounds are competent. The rule promotes orderly appellate procedure. The court will not consider issues without supporting grounds. The appellant may amend to cure defects. The principle prevents appeals based on invalid grounds. The court will strike out both the ground and the dependent issue.