LEGAL PRINCIPLE: APPELLATE PRACTICE — Standard of Review — Duty of Court of Appeal — Consideration of All Grounds of Appeal
PRINCIPLE STATEMENT
It is the duty of the Court of Appeal to consider all grounds of appeal properly filed and argued before it. Failure to consider grounds of appeal amounts to lack of fair hearing and a miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Union Bank of Nigeria Limited v. Nwaokolo (1995) NLC-2171991(SC) at pp. 20–22; Paras. D–A.
"It is the duty of the Court of Appeal to consider all the grounds of appeal properly filed and argued before it. Failure to consider grounds of appeal amounts to lack of fair hearing and a miscarriage of justice. The rule of fair hearing is not a technical doctrine but one of substance. Once an appellate court comes to the conclusion that a party was entitled to be heard before a decision was reached but was not given the opportunity of a hearing, the judgment thus entered is bound to be set aside."
EXPLANATION / SCOPE
An appellate court must consider all grounds of appeal. Failure to do so violates fair hearing. The principle applies to all appellate courts. The judgment may be set aside for non-consideration. The rule ensures that parties receive a full hearing. The court cannot ignore grounds of appeal. The principle promotes thorough appellate review.