CIVIL PROCEDURE — Pleadings — Grounds of Appeal — Particulars — When In-Built Particulars Suffice
Ratio Decidendi
Per Fabiyi, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at pp. 4—5; Paras E—A:
"From a clear reading of the above grounds of appeal, one can see that they contain in-built particulars. There is no ambiguity as to what each ground is complaining about. Where the complaint on a ground of law is clear and succinct, particulars may equate to repetition which is undesirable. Substantial justice must now have pre-eminence over technicality."
Explanation / Scope
This principle establishes that where a ground of appeal contains in-built particulars and is clear and succinct, separate particulars may be unnecessary, as substantial justice takes precedence over technicality. The principle applies in appellate practice. It ensures that grounds are not rejected for technical defects. The principle reflects the preference for substantial justice. It prevents unnecessary technical objections. The court must focus on substance. The principle provides guidance on grounds of appeal.