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Subject Matter Index

Browse cases by legal subject matter and principles

Additional Grounds of Appeal

21 subsidiary principles

Attitude of appellate courts to prolixity of grounds of appeal

2 cases

Attitude of appellate court to a defective ground of appeal

1 case

Attitude of the appellate courts to proliferation of grounds of appeal

1 case

Attitude of the courts to improperly drafted grounds of appeal

1 case

Attitude of the court to inelegantly drafted grounds of appeal

1 case

Attributes of a good ground of appeal

6 cases

Attributes of a good ground of appeal

1 case

Basic purpose of a ground of appeal

8 cases

Characteristics of a ground of appeal

1 case

Classification of grounds of appeal

2 cases

Conditions for the validity of a ground of appeal

2 cases

Conditions for the validity of a ground of law or mixed law and fact

2 cases

Condition to be satisfied for a ground of law to be appealable as an issue of customary law

1 case

Contents of a ground of appeal

1 case

Criteria to be applied in distinguishing a ground of law from that of facts and mixed law and facts

13 cases

Distinction between grounds of appeal and their particulars

1 case

Duty of a respondent where he perceives that a ground of appeal is not competent

1 case

Duty of the appellant counsel to carefully and meticulously draft grounds of appeal

1 case

Effect of abandoning a ground of appeal

3 cases

Effect of absence of competent grounds of appeal

1 case

Effect of a court basing its decision on a ground not argued before it

1 case

Effect of a ground of appeal alleging an error in law or misdirection without providing the particulars of such error or misdirection

4 cases

Effect of a ground of appeal based on a false or non-existent premise

1 case

Effect of a ground of appeal based on an issue not raised at the court of first instance

2 cases

Effect of a ground of appeal complaining of an error in law and in fact

2 cases

Effect of a ground of appeal in respect of which no argument is proferred in the brief of argument or orally

2 cases

Effect of a ground of appeal in respect of which no issue has been formulated

46 cases

Effect of a ground of appeal in respect of which no submissions are made

2 cases

Effect of a ground of appeal not arising from the judgment appealed against

10 cases

Effect of a ground of appeal not being one of law

2 cases

Effect of a ground of appeal not derived from the judgment appealed against

26 cases

Effect of a ground of appeal not discernible from the record

1 case

Effect of a ground of appeal not related to the ratio decidendi of the judgment appealed against

7 cases

Effect of a ground of appeal predicated on a false or non-existent basis

1 case

Effect of a ground of appeal predicated on an obiter dictum

5 cases

Effect of a ground of appeal that alleges an error in law and gross miscarriage of justice at the same time

1 case

Effect of a ground of appeal that fails to attack the judgment of the lower court

1 case

Effect of a ground of appeal that raises a fundamental issue of law founded on an alleged procedural impropriety which goes to the jurisdiction of the trial court

1 case

Effect of a ground of appeal touted as an error of law which fails to address a specific error of law

1 case

Effect of a ground of appeal which alleges inconsistency and contradiction against the judgment of the lower court

1 case

Effect of a ground of appeal which has incompatible particulars

1 case

Effect of a ground of appeal which is argumentative and narrative

10 cases

Effect of a ground of appeal which is argumentative or which fails to set out the particulars of impropriety

1 case

Effect of a ground of appeal whose particulars are unrelated to it

2 cases

Effect of all the grounds of appeal being incompetent

1 case

Effect of an allegation that a ground of appeal does not relate to an issue decided by the court below

1 case

Effect of an appeal where all the grounds of appeal are incompetent

1 case

Effect of an incompetent ground of appeal

11 cases

Effect of an incompetent ground of appeal in an election matter

1 case

Effect of a particulars not related to a ground of appeal

4 cases

Effect of arguing a ground of appeal different from that contained in the notice of appeal

3 cases

Effect of arguments or oral submissions on questions that are not covered by a ground of appeal

1 case

Effect of a vague ground of appeal

15 cases

Effect of defect in one or more particulars of a ground of appeal

1 case

Effect of failure to comply with the rules governing the formulation of grounds of appeal

2 cases

Effect of failure to file a ground of appeal in respect of an election matter within the prescribed time

1 case

Effect of failure to provide particulars of the errors alleged to be contained in the judgment of the Court of Appeal

1 case

Effect of failure to set out the particulars of misdirection or error in law in grounds of appeal alleging same

15 cases

Effect of failure to state particulars of error in a ground of appeal complaining of an error of law

15 cases

Effect of failure to state the specific reliefs sought from the court when preparing the grounds of appeal

1 case

Effect of filing a ground of appeal against concurrent findings of fact without leave of court

1 case

Effect of grounds of appeal filed in the Supreme Court not arising from the judgment of the Court of Appeal

1 case

Effect of grounds of appeal in respect of decisions/rulings not appealed against

1 case

Effect of grounds of appeal raised as issues to be determined for the first time

1 case

Effect of grounds of appeal which fail to meet the requirements of the law

4 cases

Effect of inelegantly presented particulars of a ground of appeal

1 case

Effect of non-compliance with Order 6, rule 2(3) of the Court of Appeal Rules, 2007

1 case

Effect of non-compliance with Rules 8(4) and (5) of the Court of Appeal Rules C.I.19

2 cases

Effect of not advancing arguments on a ground of appeal

3 cases

Effect of not formulating an issue for determination from a ground of appeal

41 cases

Effect of particulars which are at cross purposes to the ground of appeal

1 case

Effect of raising a ground of appeal involving mixed law and fact without obtaining the requisite leave

9 cases

Effect of raising and arguing a ground of appeal not canvassed in the court below without the leave of the court

2 cases

Effect of reformulating grounds of appeal in the form of an issue without the leave of court

1 case

Effect of striking out grounds of appeal

2 cases

Effect of striking out one particular of a ground of appeal

1 case

Effect of submissions not based on the grounds of appeal contained in the notice of appeal

1 case

Effect of void grounds of appeal

1 case

Error of law

8 subsidiary principles

Errors to be corrected where a ground of appeal alleging that a conviction is unreasonable and cannot be supported having regard to the evidence on record is filed

1 case

Essence of a ground of appeal

6 cases

Essence of a ground of appeal and its particulars

1 case

How a challenge to grounds of appeal must be treated

1 case

How a ground of appeal should be couched

4 cases

How grounds of appeal should be formulated

3 cases

How grounds of appeal should be set out

1 case

How particulars of a ground of appeal should be couched

1 case

How the courts determine whether a ground of appeal is one of fact, law or mixed law and fact

15 cases

How the particulars of a ground of appeal alleging error or misdirection should be couched

2 cases

How to ascertain the complaint in a ground of appeal

3 cases

How to ascertain the nature of a ground of appeal

2 cases

How to couch a ground of appeal against the sentence imposed by the trial judge

1 case

How to determine if a ground of appeal is one of Law or fact

7 cases

How to determine whether a ground of appeal involves questions of law, fact or mixed law and fact

31 cases

How to determine whether a ground of appeal is competent

1 case

How to determine whether a ground of appeal is one of law

3 cases

Importance of grounds of appeal to the validity of a notice of appeal

1 case

Meaning and functions of the particulars of a ground of appeal

1 case

Meaning and purpose of a ground of appeal

1 case

Meaning of ground of appeal

20 cases

Nature of a ground of appeal challenging the exercise of discretion by the lower court

4 cases

Nature of a ground of appeal which is a question of inference to be drawn from the available facts

1 case

Nature of the burden on a respondent who challenges the competence of a ground of appeal

1 case

Need for a ground of law to contain the particulars of the error alleged

2 cases

Need for grounds of appeal and their particulars to be drafted clearly, precisely and not argumentative or narrative

2 cases

Need for grounds of appeal to contain particulars of the error or misdirection complained of and effect of failure to do so

3 cases

Need for particulars of a ground of appeal to conform to the laid down procedure

2 cases

Need for the appellate court to consider the proposed grounds of appeal in an application for leave or in an application to amend notice of appeal or file additional grounds of appeal

1 case

Need for the court to scrutinise grounds of appeal filed in applications for leave to file and argue additional grounds of appeal or for leave to argue grounds of law and mixed facts and law or facts alone

1 case

Need for the grounds of appeal to specify the aspect of the judgment appealed against

1 case

Need for the particulars of a ground of appeal alleging misdirection or error in law to be clearly set out

18 cases

Omnibus ground of appeal

93 subsidiary principles

Position of the law on the form of a ground of appeal

1 case

Position of the law where the all the grounds of appeal are incompetent and where some of the grounds are incompetent

1 case

Position of the law where there exists competent and incompetent grounds of appeal

1 case

Position of the law with respect to new grounds raised on appeal

1 case

Principles for determining whether or not grounds of appeal raise issues of customary law

1 case

Principles guiding the formulation of grounds of appeal

9 cases

Procedure governing the addition of grounds of appeal other than those captured in the notice of appeal

1 case

Purpose of a ground of appeal and effect of an issue not properly raised in a ground of appeal

1 case

Purpose of grounds of appeal

32 cases

Purpose of particulars of a ground of appeal

14 cases

Purpose of particulars of errors

1 case

Scope of grounds of appeal

2 cases

The basis for grounds of appeal

1 case

The condition for the competence of a ground of appeal

1 case

The determining factor in ascertaining the nature or character of a ground of appeal

4 cases

The essence of particulars of a ground of appeal alleging error in law

1 case

The functions of particulars to a ground of appeal

3 cases

The nature of a ground of appeal

1 case

The nature of grounds of appeal

1 case

The principle that a ground of appeal must be an attack on the ratio decidendi of the judgment appealed against

23 cases

The principle that a ground of appeal must be derived from the ratio decidendi of the decision being appealed against

14 cases

The principle that a ground of appeal must not be vague, general in terms, argumentative or narrative

1 case

The principle that a party who relies on allegations of misdirection or error of law shall provide particulars of the said errors

1 case

The principle that grounds of appeal must be derived from the judgment appealed against

1 subsidiary principles

The principle that particulars of a ground of appeal are required to flow from the ground of appeal

3 cases

The principle that particulars of a ground of appeal should be ancillary and not independent from it

4 cases

The principle that the grounds of appeal must be framed from the findings in the records of proceedings in the trial court

1 case

The propriety of a ground of appeal alleging an error in law and misdirection at the same time

9 cases

The propriety of a ground of appeal alleging both an error in law and misdirection or error in law and on the facts

1 case

The propriety of filing "a fuller rendition on the grounds of appeal"

1 case

The purpose of the proper formulation of grounds of appeal

1 case

The purpose of the rule requiring that grounds of appeal should not be vague or general in terms

1 case

The rationale for the rule that where the grounds of an appeal allege misdirection or error in law, particulars of the misdirection or error should be clearly stated

3 cases

The rule that an appellant is at liberty either to file additional grounds of appeal on receipt of the records or even to substitute new grounds for the original grounds filed before the receipt of those records

1 case

The rule that any grievance must be properly raised as a ground of appeal

1 case

The rule that a party cannot argue grounds of appeal not consistent with his pleadings in the lower court

1 case

The rule that grounds of appeal and their particulars are read as a whole

1 case

The rule that grounds of appeal and their particulars must relate to the decision appealed against

1 case

The rule that in the consideration of whether a ground of appeal is competent or not, the ground of appeal and the particulars must be read together

1 case

The rule that no judgment is upset on the ground that its ratio is erroneous if there is another sound basis on which it can be supported

1 case

The rule that parties are bound by their grounds of appeal

1 case

The rule that where a party alleged misdirection of law, he must show particulars of the misdirection

4 cases

What a ground of appeal alleging an error in law must contain

1 case

What a ground of appeal alleging misdirection or error in law should contain

6 cases

What a ground of appeal attacks

2 cases

What a ground of appeal entails

17 cases

What a ground of appeal should contain

4 cases

What a ground of appeal showing good cause why an appeal should be heard presupposes

1 case

What an appellant who complains that the judgment failed to give due consideration to his case implies

1 case

What a respondent intending to challenge some of the grounds of appeal filed by the appellant must do

1 case

What constitutes a good and competent ground of appeal

4 cases

What determines whether a ground of appeal is one of law, fact, or mixed law and fact

6 cases

What particulars in a ground of appeal entails

5 cases

When a ground of appeal can be said to be a ground of law, a ground of fact, or a ground of mixed law and fact

5 cases

When a ground of appeal is liable to be struck out

5 cases

When a ground of appeal is one of law alone

5 cases

When a ground of appeal is said to be vague

16 cases

When a ground of appeal will be competent

5 cases

When a ground of appeal will be deemed defective

1 case

When a ground of appeal will be one of Law

6 cases

When a ground of appeal will be said to be incompetent

2 cases

When a ground of appeal will be said to be one of law and one of mixed law and facts

1 case

When a ground of appeal will be valid

6 cases

When a ground of appeal would be said to be a ground of law

17 cases

When a ground of appeal would be said to be one of mixed law and fact

13 cases

When a party would be deemed to have abandoned his ground of appeal

6 cases

Where a ground of appeal may arise from

4 cases

Whether absence of particulars is fatal to a ground of appeal

1 case

Whether a complaint on the wrongful admission of evidence or wrongful rejection of evidence is part of the main trial and can be filed as a ground of appeal

1 case

Whether a court can suo motu draw the attention of an appellant's counsel to an incompetent ground of appeal

1 case

Whether a ground complaining of an error of jurisdiction is appealable as an issue of customary law

1 case

Whether a ground complaining of the failure of a court to make pronouncements on issues is one of law or mixed law and facts

1 case

Whether a ground of appeal alleging misdirection in law is incompetent if it otherwise complies with the rules of court requiring that a ground of appeal be not vague or general in terms

1 case

Whether a ground of appeal alleging that the trial judge failed to exercise his discretion judicially or exercised his discretion wrongly involves a question of law or mixed law and fact

1 case

Whether a ground of appeal attacking the decision of the trial court which was not raised at the court of appeal is proper

1 case

Whether a ground of appeal can arise from an administrative decision of the Court registry

1 case

Whether a ground of appeal can arise from anything other than the ratio of the court

1 case

Whether a ground of appeal can arise from non-pronouncement on a pending process which was not brought to the attention of the court

1 case

Whether a ground of appeal can be based on a concurring opinion

1 case

Whether a ground of appeal can be based on the generality of the proceedings on the record

1 case

Whether a ground of appeal can be predicated on a bare restatement of legal principle

1 case

Whether a ground of appeal can emanate from commissions or omissions of the court not expressly stated in the judgment

1 case

Whether a ground of appeal complaining of an error of fact can be raised without leave of court

1 case

Whether a ground of appeal complaining of contradictions in evidence is enough to warrant a reversal of the judgment

2 cases

Whether a ground of appeal complaining solely about a lower court's interpretation of a provision of law or the application of a provision of law amounts to a ground of law

2 cases

Whether a ground of appeal framed as an error of law and a misdirection in law is incompetent

1 case

Whether a ground of appeal is competent even if it does not challenge the decision of the court

1 case

Whether a ground of appeal must arise from the ipsissima verba of the decision appealed against

2 cases

Whether a ground of appeal must relate to the decision and must constitute a challenge to the ratio

7 cases

Whether a ground of appeal stating that "the trial judge misdirected himself and gave an erroneous decision” is a valid ground

1 case

Whether a ground of appeal that complains of denial of fair hearing is a ground of law not requiring leave

1 case

Whether a ground of appeal which challenges the exercise of a discretion is one of mixed law and facts

4 cases

Whether a ground of appeal which clearly states what the appellant is complaining about and is in accordance with the rules of court can be described as incompetent

1 case

Whether a ground of appeal which complains that the decision of the court is "altogether unreasonable, unwarranted and cannot be supported having regard to the weight of evidence" is a valid ground of appeal

1 case

Whether a ground of appeal which complains that the decision of the court is "altogether unreasonable, unwarranted and cannot be supported having regard to the weight of evidence" is a valid ground of appeal in criminal cases

2 cases

Whether a ground of appeal which gives sufficient notice to the adverse party of the nature of the appellant's complaint can be said to be defective or vague

1 case

Whether a ground of appeal which incorporates the particulars without setting them out under a separate heading is valid

3 cases

Whether a ground of appeal which is argumentative and narrative should be struck out

3 cases

Whether a ground of appeal which is argumentative or repetitive would be discarded by the court

2 cases

Whether a ground of appeal which is defective in form would be struck out by the court

3 cases

Whether a ground of appeal which is merely technical in character and not prejudicial or occasioning a miscarriage of justice will be allowed

1 case

Whether a ground of appeal which questions the jurisdiction of a court can be said to be incompetent by reason that it does not arise from the decision or constitute a challenge to its ratio decidendi

3 cases

Whether a ground of appeal will be struck out due to some weakness in the formulation and composition of the ground and its particulars

3 cases

Whether a ground of appeal will be struck out for non-compliance with the rules of court

1 case

Whether a ground which challenges improper exercise of discretion is one of mixed law and fact

1 case

Whether a mere description of a ground of appeal as an error in law makes the ground one of law

5 cases

Whether a mere repetition of passages of the decision appealed against suffices as a ground of appeal

2 cases

Whether an appeal can be argued in the grounds of appeal

1 case

Whether an appellant can argue an appeal on the grounds

1 case

Whether an appellant can argue grounds of appeal after formulating issues for determination

1 case

Whether an appellant can state as a ground of appeal that the trial judge erred when he refused the application for the grant of an order of interim injunction

1 case

Whether an appellant can withdraw his grounds of appeal

1 case

Whether an appellant is at liberty to abandon any of his grounds of appeal

1 case

Whether an appellate court can allow a party to amend or argue grounds of appeal not stated in the notice of appeal

1 case

Whether an appellate court can look beyond the grounds of appeal in its determination of an appeal

2 cases

Whether an appellate court can render a terse decision where the grounds of appeal were inelegantly drafted

1 case

Whether an appellate court is confined to the grounds of appeal laid before it

1 case

Whether an appellate court is restricted to the grounds of appeal set out by the appellant

2 cases

Whether an appellate court will ignore grounds of appeal which are prolix or argumentative

1 case

Whether an incompetent ground of appeal can be saved by an amendment

1 case

Whether an issue of jurisdiction raised in the appellate court must be raised as a ground of appeal

3 cases

Whether an obiter can be the basis for raising a ground of appeal

1 case

Whether applications for amendment and additions of grounds of appeal should be allowed

1 case

Whether a single ground of appeal is sufficient to sustain an appeal

3 cases

Whether a single ground of appeal, which is of law alone, can sustain an appeal

1 case

Whether a sole ground of law can sustain an appeal

6 cases

Whether bad or defective particulars will render a ground of appeal incompetent

1 case

Whether bias can be a ground of appeal

1 case

Whether competent grounds of appeal can give life to an incompetent notice of appeal

1 case

Whether defect in any particulars of the ground of appeal is capable of rendering the whole ground incompetent

4 cases

Whether defective particulars will render a ground of appeal defective

1 case

Whether every bad or inelegant ground of appeal will render such a ground incompetent

8 cases

Whether every failure to set out the particulars of misdirection in a ground of appeal renders the ground incompetent

1 case

Whether everything a judge says constitutes a subject of a ground of appeal

2 cases

Whether failure of a respondent to properly challenge a ground of appeal precludes the court from considering the issue

1 case

Whether failure to give particulars of the error of law complained of renders the ground of appeal incompetent

2 cases

Whether grounds of appeal can be formulated in the form of questions

1 case

Whether grounds of appeal can stand on their own

1 case

Whether grounds of appeal must comply with a particular form, and attitude of the court towards same

2 cases

Whether grounds of appeal not formulated according to the rules of court are incompetent

1 case

Whether grounds of appeal which satisfy the purpose of giving notice to the respondent of the exact nature of the appellant's complaints will be struck out

1 case

Whether grounds of appeal will be discountenanced where the appellant has been unduly prolix or effusive in his presentation of his grounds of appeal

1 case

Whether grounds of appeal would be struck out on the slightest non-conformity to the rules

1 case

Whether, in a criminal appeal, grounds of appeal alleging a misdirection or error in law must contain particulars of such misdirection or error

1 case

Whether in drafting grounds of appeal, the grounds of appeal, part of the decision appealed against and the relief sought must correlate

1 case

Whether, in the case of appeals from consolidated suits, the grounds of appeal must relate to the specific decision

1 case

Whether it is every misdirection of law by a court that would entitle a party to succeed on appeal when it has not been proven that the misdirection led to miscarriage of justice

1 case

Whether it is every slip that will amount to a substantial misdirection which will result in the appeal being allowed

2 cases

Whether it is every statement a court makes that constitutes a subject of appeal

1 case

Whether it is possible to abandon a ground of appeal

1 case

Whether leave of court is required to argue grounds of appeal not contained in the notice of appeal

1 case

Whether leave of court is required to raise a ground of appeal on the issue of jurisdiction

1 case

Whether leave to argue grounds of mixed law and fact where leave has been earlier sought to file the grounds as additional grounds of appeal

1 case

Whether loading the grounds of appeal with particulars renders a ground of appeal vague

1 case

Whether new grounds of appeal can be argued without an amendment of the notice of appeal

1 case

Whether once a ground of appeal alleges a ground of law or misdirection, the passage of the judgment concerning same must be quoted

1 case

Whether once a ground of appeal alleges an error in law or misdirection, the passage of the judgment concerned must be quoted

1 case

Whether Order 7 Rule 5 applies to issues that did not arise at the trial

1 case

Whether particulars can be embedded in a ground of appeal

5 cases

Whether particulars of a ground of appeal must conform to a particular form

6 cases

Whether passages of the judgment appealed against must be quoted as part of grounds of appeal

1 case

Whether the absence of particulars will render a ground of appeal void

1 case

Whether the appellant can argue any ground of appeal not mentioned in the Notice of Appeal

2 cases

Whether the christening of a ground of appeal as a ground of law makes such a ground of law

1 case

Whether the competence of a ground of appeal is determined by how it is christened

1 case

Whether the court can amend an offending ground of appeal instead of striking it out

1 case

Whether the court can consider an incompetent ground of appeal

1 case

Whether the Court has the power to raise a ground of appeal not contained in the Grounds of Appeal filed

1 case

Whether the court may not strike out a defective ground of appeal

2 cases

Whether the Court of Appeal can frame additional grounds of appeal

1 case

Whether the Court of Appeal is confined to the grounds of appeal raised by the appellant

1 case

Whether the court should be influenced by how a ground of appeal is described by the appellant in determining whether a ground of appeal is incompetent

1 case

Whether the court will always allow amendments to be made to grounds of appeal

2 cases

Whether the court will strike out a vague ground of appeal

3 cases

Whether the difference in the type of numbering of the grounds of appeal made in the Amended Notice of Appeal and in the Appellants’ Brief of Argument is substantial

1 case

Whether the error constituting a ground of appeal can be both an error of law and an error of fact

1 case

Whether the fact that a ground of appeal alleges an error in law makes it a ground of law

1 case

Whether the fact that a ground of appeal is argumentative or repetitive is sufficient to deny the appellant his right of appeal

2 cases

Whether the fact that the particulars of a ground of appeal alleging an error in law are inelegantly drafted invalidates the ground

3 cases

Whether the fact that the respondent raised and argued an issue for determination on the appellant's abandoned ground can revive that ground

1 case

Whether the form of a ground of appeal determines the nature of the ground

1 case

Whether the form of a ground of appeal is material to an appeal

2 cases

Whether the grounds of appeal must be included in the judgment of the court

1 case

Whether the issue of a trial judge refusing to set aside his ruling is one of law or mixed law and fact

1 case

Whether the issue of jurisdiction is a ground of law

2 cases

Whether the nature of a ground of appeal is based on the label given to it by the party

25 cases

Whether the particulars of a ground of appeal can be divorced from the main ground

1 case

Whether the particulars of a ground of appeal complaining of an error or misdirection must be set out under a separate heading

6 cases

Whether there is a limitation as to the number of grounds of appeal

1 case

Whether there is a need to seek leave to file a ground of appeal of mixed law and fact against the final decision of a High Court

1 case

Whether the respondent can rightly formulate issues and canvass arguments on grounds of appeal which have been abandoned by the appellant

1 case

Whether the success of an appeal is dependent on the number of the grounds of appeal

1 case

Whether the Supreme Court can consider grounds of appeal filed in the Court of Appeal

1 case

Whether the Supreme Court is confined to the grounds of appeals set out in the notice of appeal

1 case

Whether valid grounds of appeal can be argued together with defective grounds or issues

1 case

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