LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Grounds Must Arise from the Decision Appealed Against
PRINCIPLE STATEMENT
Grounds of appeal must arise from the judgment, ruling, or decision of the court below. A ground with no connection to what the court decided is incompetent, and the appellate court will throw away such an appeal.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Mercantile Bank of Nig. Plc. & Anor v. Nwobodo (2005) NLC-382001(SC) at p. 3; Paras A–B.
"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 has not the remotest connection with what the Court below decided and which agitated the mind of the appellant to seek for a review and overturn the decision, but he misconceived what he ought to complain against and confused himself by setting up a case not in existence, the Appellate Court would naturally throw away the incompetent appeal."
EXPLANATION / SCOPE
Grounds must connect to the decision appealed against. A ground with no such connection is incompetent. The principle applies to appellate practice.