Ascription of probative value to evidence by trial court

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issues should be based on the issues for determination as formulated see Adelaja v.

Fanoiki (1990) 2 N.W.L.R. (Pt. 131) 137. Stricto sensu, no reference thereafter

ought to be made to the grounds of appeal filed.” - Per Musdapher, J.C.A in Leedo

Presidential Hotel Ltd. v. B.O.N. Ltd. Suit No. CA/K/60/91; (1993) 1 N.W.L.R.

(Pt. 269) 334 at 347.

(2) “It is a settled principle of law, laid down by this Court and the Supreme Court in

a plethora of cases, that arguments and submissions are to be canvassed in the brief,

on the basis of the issues as formulated and not on the grounds of appeal. It is

meaningless to formulate issues arising for the determination of the appeal and then

to disregard them and then to proceed to argue the appeal on the basis of the grounds

of appeal. See Adejumo v. Ayantegbe (1989) 3 N.W.L.R. (Pt. 110) 417 at 430.” -

Per Musdapher, J.C.A in Leedo Presidential Hotel Ltd. v. B.O.N Ltd. Suit No.

CA/K/60/91; (1993) 1 N.W.L.R. (Pt. 269) 334 at 347.

519. Rules of oral argument at appellate Court.

“Secondly, it seems to me that with the introduction of the system of brief writing in

the appellate Court, oral arguments play a secondary role in an appeal. This is so

because, by Ord 6 r. 9 (d), (e) and Rule 10 of the Court of Appeal rules, save with

the leave of this Court, no argument will he heard on behalf of any party for whom

no brief has been filed in respect of a point not covered by the briefs, where briefs

have been filed and counsel for the parties fail to appear on the date for hearing, the

appeal is treated as having been duly argued. In view of the foregoing, it seems to

me that since the applicants’ brief had been prepared by their leading counsel and

the said brief was adopted by C.V Georgewill Esq, and having regard to the short

oral argument presented by both counsel on 13/6/95, the complaint that the applicants

were denied their Constitutional right to fair hearing cannot be sustained.” - Per

Edozie, J.C.A., in Bob-Manuel v. Briggs Suit No. CA/PH/115/94; (1995) 7 N.W.L.R.

(Pt. 409) 537 at 555.

520. What to argue in an appeal.

“In arguing appeals, counsels are to rely on the issues so formulated rather than on

the grounds of appeal, for it is on the basis of the issues that the parties found their

contention. See the advice given by the Supreme Court in Macaulay v. NAL

Merchant Bank (1990) 4 N.W.L.R. (Pt. 144) 282 at 321.” - Per Muhammed, J.C.A.,

in Alade v. Ogundokun Suit No. CA/I/19/87; (1992) 5 N.W.L.R. (Pt. 239) 42 at 48.

(32) ASCRIPTION OF PROBATIVE VALUE TO EVIDENCE BY TRIAL

COURT

521. Appellate Court’s attitude to appraisal of evidence by trial Court.

“It is a well-known principle of law that it is the duty of a trial Court to appraise

evidence given before it and ascribe probative value to such evidence and a Court of

Paras. 518-521