APPELLATE PRACTICE — Grounds of Appeal — Competency — Ground Must Arise from Judgment Appealed Against
Ratio Decidendi
Per Onnoghen, JSC, in Co-operative and Commerce Bank Plc & Anor v. Ekperi (2007) NLC-123-68-2002(SC) at pp. 11–12; Paras A–D:
"It is settled law that for grounds of appeal to be valid and competent, they must be related to the decision being appealed against and should constitute a challenge to the ratio of the decision on appeal. It is still good law that where a ground of appeal as formulated does not arise from the judgment and purports to raise and attack an issue not decided by the judgment appealed against as is evident in the instant appeal, the same becomes incompetent and liable to be struck out."
Explanation / Scope
Grounds of appeal must challenge the ratio decidendi of the judgment appealed against. They must arise from the decision itself and cannot attack issues not decided by the lower court. A ground that complains of a matter outside the judgment or not pronounced upon is incompetent and will be struck out. This ensures that appeals are confined to errors in the actual decision.