APPELLATE PRACTICE — Grounds of Appeal — Relating to Trial Court Decision
Ratio Decidendi
Per Onnoghen, JSC, in Okonobor & Ors v. D. Edegbe & Sons Transport Co. Ltd & Anor (2010) NLC-123-187-2003(SC) at p. 5; Paras A–C:
"This court has jurisdiction to hear appeals from the decision of the Court of Appeal not that of the High Court. … It is therefore very clear that the single ground of appeal filed in the instant appeal has no relationship whatsoever with the decision of the lower court and consequently incompetent. It relates to the decision of the trial court."
Explanation / Scope
This principle establishes that grounds of appeal must relate to the decision of the court below (Court of Appeal), not the trial court. The Supreme Court hears appeals from the Court of Appeal, not directly from the High Court. A ground relating solely to the trial court’s decision is incompetent. The principle applies in appeals to the Supreme Court. It ensures that the appeal challenges the correct decision. The principle reflects the appellate hierarchy. It prevents parties from appealing the trial court’s decision directly. The court must strike out incompetent grounds.