LEGAL PRINCIPLE: APPELLATE PRACTICE – Grounds of Appeal – Prohibition of Arguments in Grounds – Requirement for Conciseness Without Narrative
PRINCIPLE STATEMENT
A notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively. It is plain that neither a ground of appeal nor the particulars in support should contain any argument or narrative, otherwise its validity could be called into question.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adah v. Adah (2001) NLC-1091997(SC) at pp. 6–7; Paras E–A.
"A notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively. It is plain that neither a ground of appeal nor the particulars in support should contain any argument or narrative, otherwise its validity could be called into question."
EXPLANATION / SCOPE
Grounds of appeal must be concise, without argument or narrative. They must be set forth under distinct heads and numbered consecutively. Particulars in support must also avoid argument or narrative. If a ground contains argument or narrative, its validity may be questioned. The ground should state the error complained of briefly. Argument belongs in the brief, not in the grounds. The rule ensures clarity and prevents prolixity. The opposing party must know the complaint without wading through argument. The court may strike out grounds that violate the rule. The appellant may apply to amend defective grounds. The principle promotes efficient appellate practice. Conciseness is mandatory.
