LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Particulars of Error — Requirement to State Nature of Misdirection or Error Clearly
PRINCIPLE STATEMENT
Where grounds of appeal allege misdirection or error in law, the particulars and nature of the misdirection or error must be clearly stated; vague or general grounds may be struck out.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Adeleke v. Asani & Anor (2002) NLC-931997(SC) at p. 15; Paras B–C.
"2(2) If the grounds of appeal allege misdirection or error in law the particulars and the nature of the misdirection or error shall be clearly stated. (4) No ground which is vague or general in terms or which discloses no reasonable ground of appeal shall be permitted, save the general ground that the judgment is against the weight of evidence, and any ground of appeal or any part thereof which is not permitted under this rule may be struck out by the court of its own motion or on the application of the respondent."
EXPLANATION / SCOPE
Grounds of appeal alleging error in law must clearly state the particulars and nature of the error. Vague or general grounds are not permitted, except the omnibus ground that the judgment is against the weight of evidence. The court may strike out vague or incompetent grounds. The principle ensures that the respondent knows the case to meet. The appellant cannot rely on general complaints. The ground must identify the specific error. The rule promotes clarity in appellate advocacy. The court will examine grounds strictly. The appellant may amend to cure defects. The principle prevents ambush and promotes efficient appellate review.
