CORAM

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Obietonbara Owupele Daniel-Kalio Justice of the Court of Appeal

Abubakar Sadiq Umar Justice of the Court of Appeal

Muhammad Ibrahim Sirajo Justice of the Court of Appeal

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PARTIES

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OPI INTERNATIONAL NIGERIA LIMITED

APPELLANTS 

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DANIUM ENERGY SERVICES LIMITED

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, COURT, JUDGMENT AND ORDER, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

SUMMARY OF FACTS

The Respondent instituted this action before the High Court of Lagos State, wherein by its Writ of Summons and Statement of Claim, it sought against the Appellant the sum of N105,039,975.00 (One hundred and five million, thirty-nine thousand, nine hundred and seventy-five Naira), as debt owned the Respondent by the Appellant for 700,500 liters of AGO (Diesel) supplied; and 21% Interest on the sum from 16th July, 2014 till judgment and thereafter at the rate of 15% until final liquidation. On being served with the originating process, the Appellant filed a notice of preliminary objection challenging the jurisdiction of the Court on the ground that the transaction, giving rise to the suit falls within the Admiralty Jurisdiction Act. In a ruling, the lower Court dismissed the preliminary objection. After taking argument on the application for summary judgment, it entered judgment in favour of the Respondent on the principal sum. Aggrieved, the Appellant has appealed against the ruling and judgment of the lower Court vide its Notice of Appeal containing four (4) Grounds of Appeal.

 

 

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HELD

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Appeal Dismissed

 

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ISSUES

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 Whether the trial Court ought to have given judgment on the basis of the Respondent’s motion for summary judgment in view of the Appellant’s Statement of Defence.

 

 

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RATIONES DECIDENDI

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GROUND OF APPEAL – STATUS OF A GROUND OF APPEAL WHICH DOES NOT FLOW FROM THE JUDGMENT APPEALED AGAINST

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“A ground of appeal is a complaint of the Appellant against the judgment of the lower Court. The Appellant cannot file a ground of appeal based on a complaint that is not part of the decision appealed against. The law is well settled that grounds of appeal must flow from the judgment appealed against and not otherwise. Any ground of appeal which does not arise or flow from the ratio decidendi or decision appealed against is incompetent and shall be struck out. See Okafor vs. Abumofuani (2016) LPELR-40299 (SC); Co-operative and Commerce Bank Plc vs. Ekperi (2007) LPELR-876 (SC); Ugwu vs. State (2012) LPELR-20616 (SC). -PER M. I. SIRAJO, J.C.A

 

 

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ISSUES FOR DETERMINATION – STATUS OF ISSUES FOR DETERMINATION FORMULATED FROM INCOMPETENT GROUNDS OF APPEAL

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“The position of the law is that issues for determination that are formulated from incompetent grounds of appeal are themselves incompetent. See Umanah Jnr vs. NDIC (2016) LPELR-42556 (SC); LASU vs. NUC (2010) LPELR-8631 (CA).

In Agbaka vs. Amadi & Anor (1998) LPELR-231 (SC), Ogwuegbu, JSC, espoused the legal position thus:

“When a ground of appeal is incompetent, any issue for determination based on the incompetent ground goes to no issue and should be struck out as incompetent. An issue for determination derives its support from the ground of appeal and cannot exist independent of the ground of appeal. It automatically collapses when the ground of appeal ceases to exist.”

-PER M. I. SIRAJO, J.C.A

 

 

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CASES CITED

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STATUTES REFERRED TO

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High Court of Lagos State (Civil Procedure) Rules, 2012.

 

 

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