MALLAM MODU KIME VS BABA GANA ALHAJI BUKAR
March 3, 2025YUSUF SALEH (ALIAS SUPERSTAR) V. THE STATE
March 3, 2025Legalpedia Citation: (2024-07) Legalpedia 34105 (CA)
In the Court of Appeal
GOMBE
Tue Jul 2, 2024
Suit Number: CA/G/24/2023
CORAM
HON. JUSTICE A. A. B. GUMEL JCA
HON. JUSTICE U. A. OGAKWU JCA
HON. JUSTICE M. DANJUMA JCA
PARTIES
USMAN LALITI
APPELLANTS
1. AUDU BATARI
2. ABUBAKAR ANGO
RESPONDENTS
AREA(S) OF LAW
LAND LAW, CIVIL PROCEDURE, EVIDENCE LAW, CUSTOMARY LAW, FAMILY LAW, PRACTICE AND PROCEDURE, APPELLATE PROCEDURE
SUMMARY OF FACTS
The case arose from a dispute over farmland claimed to be subject of inheritance between the 1st Respondent and his late younger brother Ango Batari, as originally cleared by their late father Batari. The 2nd Respondent, who is the first son of Ango Batari, claimed he was unaware of any sales between the Appellant and his late father. The Respondents initially lost at the trial court but won on appeal at the High Court. The Appellant then appealed to the Court of Appeal, challenging the High Court’s decision.
HELD
1. The appeal was allowed.
2. The judgment of the Gombe State High Court was set aside.
3. The original judgment of the trial Upper Area Court Kaltunga was upheld.
4. The Respondents; issues for determination were struck out as incompetent for not being derived from grounds of appeal..
ISSUES
1. Whether the lower court’s decision was against the weight of evidence.?
2. Whether the respondents were entitled to institute the action against the Appellant having slept over their right.?
3. Whether the lower court was right in holding that the 2nd Respondent was a principal member of Ango Batari family with capacity to institute the action.?
RATIONES DECIDENDI
FORMULATION OF ISSUES – RELATIONSHIP TO GROUNDS OF APPEAL:
“The law is certainly settled that an issue for the determination of any appeal is derived from the grounds of appeal filed by the appellant. Therefore, any issue not distilled from, not & related to and discernable from the grounds of appeal will be struck out.” – Per MOHAMMED DANJUMA, J.C.A.
ISSUES FOR DETERMINATION – COMPETENCE:
“Issues for determination must be formulated in such a way as to relate to specific grounds of appeal. Issues which do not relate to a ground of appeal are incompetent.” – Per MOHAMMED DANJUMA, J.C.A.
UNCHALLENGED GROUNDS OF APPEAL – EFFECT:
“Facts not challenged are deemed admitted.” – Per MOHAMMED DANJUMA, J.C.A.
RESPONDENT’S FAILURE TO ADDRESS GROUNDS – CONSEQUENCE:
“While a respondent may choose not to join arguments on issues of the appellant at his own risk, it is however beyond him to leave out grounds of appeal in his formulated issues.” – Per MOHAMMED DANJUMA, J.C.A.
SCOPE OF RESPONDENT’S ISSUES – LIMITATION:
“The issues for determination in the appeal formulated must of necessity be limited by, circumscribed and fall within the scope of the grounds of appeal, the issues ought to take account of the grounds of appeal and cannot raise issues outside their contemplation.” – Per MOHAMMED DANJUMA, J.C.A.
UNCONTESTED FACTS – PRESUMPTION:
“The Respondents failure to address the above issue is itself a proof that the Respondents have conceded to the argument canvassed from the said issue.” – Per MOHAMMED DANJUMA, J.C.A.
CROSS-APPEAL – REQUIREMENT FOR INDEPENDENT ISSUES:
“They did not file a Cross-Appeal either to avail them the chance to formulate their issues independent of the Amended Notice and Grounds of Appeal of the Appellants.” – Per MOHAMMED DANJUMA, J.C.A.
GROUNDS OF APPEAL – ABANDONMENT:
“When no issue for determination is formulated from a ground of appeal, such a ground of appeal is deemed abandoned.”– Per MOHAMMED DANJUMA, J.C.A.
APPELLANT’S EXCLUSIVE RIGHT – GROUND ABANDONMENT:
“It is therefore goes without saying that the Appellant is the only party to an appeal who may abandon his grounds of appeal.” – Per MOHAMMED DANJUMA, J.C.A.
RESPONDENT’S FAILURE TO CHALLENGE – EFFECT:
“Where however, a respondent in a bid to formulate different issues for determination from those of the appellant leaves out certain grounds from which the appellants had formulated issues and fails to canvass arguments on those issues of the appellants, he will be shortchanging himself.” – Per MOHAMMED DANJUMA, J.C.A.
UNCHALLENGED ARGUMENTS – CONSEQUENCE:
“The arguments of the appellants on such issues would be before the court unchallenged and he would be deemed to have conceded. – Per MOHAMMED DANJUMA, J.C.A.
ISSUES FORMULATION – REQUIREMENT:
“It is trite law that issue for determination shall be distilled from a ground or grounds of appeal.”– Per MOHAMMED DANJUMA, J.C.A.
INCOMPETENT ISSUES – CONSEQUENCE:
“Any issue which does not or has its origin from a ground of appeal is incompetent and must be struck out.” – Per MOHAMMED DANJUMA, J.C.A.
CASES CITED
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 1999 (as amended)
2. Court of Appeal Rules
3. Evidence Act 2011
