LEGAL PRINCIPLE: APPELLATE PRACTICE – Grounds of Appeal – Amendment – Failure to File Amended Notice of Appeal After Leave Granted Renders Additional Grounds Incompetent
PRINCIPLE STATEMENT
The effect of that neglect to file her amended notice of appeal is that those grounds of appeal cannot be argued as was done in the appellant's brief. Indeed, the appellant's brief became incompetent for containing grounds of appeal, which had not been properly incorporated in an amended notice of appeal as ordered by the court.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Korede v. Adedokun & Anor (2001) NLC-411996(SC) at p. 7; Paras A–B.
"The effect of that neglect to file her amended notice of appeal is that those grounds of appeal cannot be argued as was done in the appellant's brief. Indeed, the appellant's brief became incompetent for containing grounds of appeal, which had not been properly incorporated in an amended notice of appeal as ordered by the court."
EXPLANATION / SCOPE
After leave is granted to amend grounds of appeal, the appellant must file an amended notice of appeal. Failure to do so renders the additional grounds incompetent—they cannot be argued. The appellant’s brief becomes incompetent if it contains grounds not properly incorporated in an amended notice of appeal. The court will disregard those grounds. The principle enforces procedural compliance. The amended notice of appeal is the operative document. The appellant cannot rely on the order granting leave alone—the amendment must be effected. The court may strike out the incompetent grounds or the entire brief. The burden is on the appellant to perfect the amendment.
