LEGAL PRINCIPLE: APPELLATE PRACTICE – Consideration of Grounds of Appeal – Duty to Resolve Complaints Placed Before Court
PRINCIPLE STATEMENT
Just as it is the duty of a trial court to make findings on evidence placed before it, so it is the duty of an appellate court to resolve the complaints against the judgment of a trial court placed before it.
RATIO DECIDENDI (SOURCE)
Per Akpata, JSC, in Onifade v. Olayiwola (1990) 7 NWLR (Pt. 161) 130 at p. 177; Paras E–F, cited with approval in Onwe & Ors v. Nwaogbuinya & Ors (2001) NLC-201991(SC) at p. 20; Paras E–F.
"Just as it is the duty of a trial court to make findings on evidence placed before it, so it is the duty of an appellate court to resolve the complaints against the judgment of a trial court placed before it."
EXPLANATION / SCOPE
An appellate court has a duty to resolve all complaints properly raised against a trial court’s judgment. Just as trial courts must make findings on evidence, appellate courts must address grounds of appeal. Failure to resolve any complaint may constitute a denial of fair hearing. The court cannot ignore grounds of appeal or dispose of them without analysis. Each complaint requires a reasoned determination. The principle ensures that parties receive adjudication on their grievances. The appellate court’s decision must demonstrate that it considered and resolved each complaint. The duty is mandatory, not discretionary. Non-compliance may result in the decision being set aside and the matter remitted for rehearing.
