APPELLATE PRACTICE ā Grounds of Appeal ā Incompetent Original Ground ā Additional Grounds Cannot Cure Defect
Ratio Decidendi
Per Tobi, JSC, in Co-operative and Commerce Bank Plc & Anor v. Ekperi (2007) NLC-123-68-2002(SC) at pp. 15ā16; Paras DāA:
"Where an original ground is not competent, it cannot receive additional grounds, though competent. One cannot add something on nothing and expect the something to stand. Since the something has nothing to wedge it to stand, the something will not stand, as it will find itself in a situation of a mirage."
Explanation / Scope
An appeal cannot be sustained on a foundation of incompetent grounds. Where the original grounds of appeal are incompetent, any additional grounds of appeal cannot cure the defect because they rest on a void foundation. The principle is that something cannot be built on nothing. The entire appeal becomes incompetent and liable to be struck out.