LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground — Decision Against Weight of Evidence — Scope
PRINCIPLE STATEMENT
An omnibus ground of appeal that the decision is against the weight of evidence postulates that there was no evidence which, if accepted, would support the finding or inference of the trial judge.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Sparkling Breweries Limited & Ors v. Union Bank of Nigeria Limited (2001) NLC-1131996(SC) at p. 20; Paras A–C.
"This court, in NTA v. Anigbo (1972) 5 SC 156 decided that the omnibus ground of appeal postulates that 'there was no evidence which, if accepted, would support the finding of the learned trial Judge or the inference which he had made.' See also Ali v. The State (1988) 1 NWLR (Pt.68) 1. That undoubtedly is the case here. There was no scintilla of evidence to support the trial court's finding of liability on the alternative claim of the appellants. I think this finding can be challenged on the omnibus ground of appeal."
EXPLANATION / SCOPE
The omnibus ground that the judgment is against the weight of evidence means there is no evidence to support the finding. It challenges the trial court’s evaluation of evidence. The appellant argues that even if all the evidence accepted by the trial court is taken as true, it does not support the conclusion. The ground invites the appellate court to review the evidence. It differs from a ground alleging that specific evidence was wrongly admitted or ignored. The omnibus ground is appropriate where there is a complete lack of supporting evidence. It is a recognised ground of appeal. The appellate court can re-evaluate the evidence under this ground. The appellant must show that the finding is unsupported.
