Legal Principles – Nigerian LawCompass

Appellate Practice Important

APPELLATE PRACTICE — Misdirection — When Misdirection Will Lead to Allowance of Appeal

"I accept it as a correct statement of the law that it is not in all cases that a misdirection leads to allowing of an appeal. A misdirection which does...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Validity of Ground Alleging Both Misdirection and Error in Law — Test of Preciseness and Clarity

"In my opinion, what is important in a ground of appeal, and the test the court should apply, is whether or not the impugned ground shows clearly what is complained...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Formulation of Issues from a Single Ground of Appeal

"Where the number of issues distilled are far in excess of the number of grounds of appeal, then the implication is that there has been a parade or display of...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Grounds Must Arise from the Decision Appealed Against

"It is always an elementary law that grounds of appeal must of necessity arise from the judgment, ruling or decision or any pronouncement of the Court below. When a ground...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Raising New Issue on Appeal — Requirement of Leave

"For the appellant to canvass before this court the defence of insanity which was raised at the trial court but abandoned in the Court of Appeal is tantamount to an...

Appellate Practice Important

APPELLATE PRACTICE — Issues for Determination — Court Cannot Consider Issue Not Related to Any Ground of Appeal

"It is the law that neither a party nor a court is permitted to argue or deal with an issue not related to any ground of appeal."

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Misdirection Must Comply with Rules of Court

"Order 8 r. 2(2) of the rules of this court provides: 'If the grounds of appeal allege misdirection or error in law the particulars and nature of the misdirection or...

Appellate Practice Important

APPELLATE PRACTICE — Issue Formulation — Issue Must Arise from Grounds of Appeal

"An issue for determination in an appeal must arise from the ground or grounds of appeal. Where an issue for determination is not predicated on any ground of appeal, the...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground — Weight of Evidence — Not a Question of Customary Law

"With regard to ground 4, which has also been quoted earlier, the particulars thereof clearly show that the nature of the complaint is general. It is therefore an omnibus ground...

General Important

CIVIL PROCEDURE — Appellate Practice — Omnibus Ground of Appeal — Scope of Complaint on Weight of Evidence

"Where the complaint is against the weight of evidence, the complaint must be against the totality of the evidence adduced before the trial court not against any specific issue. The...

Civil Procedure Important

CIVIL PROCEDURE — Appellate Practice — Omnibus Ground of Appeal — Failure to Make Specific Findings

"It is trite law that an appeal court dealing with an omnibus ground of appeal, the legitimate complaint is limited to the appraisal of the evidence and not on finding...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Proliferation — Quality over Quantity

"Appeals are not won on large number or quantity of grounds of appeal and issues. On the contrary, appeals are won on the quality of the content of grounds of...