LEGAL PRINCIPLE: CIVIL PROCEDURE — Appellate Practice — Omnibus Ground of Appeal — Failure to Make Specific Findings
PRINCIPLE STATEMENT
An omnibus ground of appeal is limited to the appraisal of evidence and not to challenge the finding or non-finding of a specific fact or issue. The latter can only be raised by a substantive ground of appeal.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Osolu & Ors v. Osolu & Ors (2003) NLC-571998(SC) at p. 22; Paras B–D.
"It is trite law that an appeal court dealing with an omnibus ground of appeal, the legitimate complaint is limited to the appraisal of the evidence and not on finding or non-finding of a specific fact or issue. In the latter cases the matter can only be raised by a substantive ground of appeal."
EXPLANATION / SCOPE
An omnibus ground challenges the overall weight of evidence, not specific findings. The principle applies to appellate practice. Specific errors require specific grounds. The rule ensures clarity in appeals. The appellant must use appropriate grounds. The court will strike out incompetent complaints. The principle is well-established.