PRINCIPLE STATEMENT

Order 8 r. 2(2) requires that if grounds of appeal allege misdirection or error in law, the particulars and nature of the misdirection or error must be clearly stated. A misdirection is itself an error as it entails following a wrong direction.

RATIO DECIDENDI (SOURCE)

Per Kalgo, JSC, in Umoru & Anor v. Zibiri & Ors (2003) NLC-1231999(SC) at p. 4; Paras D–E.
"Order 8 r. 2(2) of the rules of this court provides: 'If the grounds of appeal allege misdirection or error in law the particulars and nature of the misdirection or error shall be clearly stated.' A misdirection is itself an error as it entails following a 'wrong direction'. It can also be of law or fact."
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EXPLANATION / SCOPE

Grounds alleging misdirection must clearly state particulars and nature. The principle applies to appellate practice. Misdirection is a form of error. The rule ensures the respondent knows the case to meet. Vague grounds may be struck out. The principle is well-established.

CASES APPLYING THIS PRINCIPLE