Legal Principles – Nigerian LawCompass

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Vague or General Grounds Liable to Be Struck Out

"A ground of appeal which is vague cannot be of help in resolving an alleged complaint against a judgment. It rather makes the alleged error sought to be dealt with...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Particulars of Error May Be Incorporated Within Ground Itself

"The particulars need not always be separately set out but may be embodied or incorporated in the ground of appeal itself provided the ground is so framed as to leave...

Appellate Practice Important

APPELLATE PRACTICE — Brief Writing — Arguments Must Be Based on Issues Not Grounds of Appeal

"Since the introduction of brief writing in the appellate courts about two decades ago, the practice has evolved whereby issues for determination in an appeal are derived from the grounds...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Appeal Involving Questions of Law Alone — Leave Not Required for Interlocutory Decisions

"Section 241 (1) (b) of the 1999 Constitution provides that an appeal may be as of right from the decisions of the High Court to the Court of Appeal in...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground in Civil Cases Must Be Framed as Judgment Against Weight of Evidence

"In civil cases which are decided on the basis of preponderance or balance of evidence, the omnibus ground of appeal is simply that the judgment is against the weight of...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Incompetence of Grounds of Fact or Mixed Law and Fact Without Leave

"As leave was not sought and granted, the grounds that is grounds 3, 4 and 6 are hereby struck out. ... Where grounds of appeal are struck out, arguments canvassed...

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 — Vague or General Grounds Liable to Be Struck Out

APPELLATE PRACTICE — Grounds of Appeal — Particulars of Error May Be Incorporated Within Ground Itself

APPELLATE PRACTICE — Brief Writing — Arguments Must Be Based on Issues Not Grounds of Appeal

APPELLATE PRACTICE — Grounds of Appeal — Appeal Involving Questions of Law Alone — Leave Not Required for Interlocutory Decisions

APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground in Civil Cases Must Be Framed as Judgment Against Weight of Evidence

APPELLATE PRACTICE — Grounds of Appeal — Incompetence of Grounds of Fact or Mixed Law and Fact Without Leave

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

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

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

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

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

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