LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Definition — Ground of Appeal as Error Alleged by Appellant
PRINCIPLE STATEMENT
A ground of appeal consists of the error of law or fact alleged by an appellant as the defect in the judgment appealed against and relied upon to set it aside.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Metal Construction (West Africa) Ltd v. Migliore (1990) NLC-2511985(SC) at p. 6; Paras A–C.
"What then is a ground of appeal? I consider it presumptuous, but will still venture to define a ground of appeal as consisting of the error of law or fact alleged by an appellant as the defect in the judgment appealed against and relied upon to set it aside."
EXPLANATION / SCOPE
A ground of appeal is the specific error of law or fact that the appellant alleges exists in the judgment. The ground must identify the defect relied upon to set aside the judgment. It is the foundation of the appeal. Without a valid ground, there is no appeal. The ground must be clear and precise, not vague or general. It must relate to the judgment appealed against. The ground and its particulars must be read together to understand the complaint. The appellant cannot rely on grounds not pleaded. The court decides the appeal based on the grounds raised. The definition emphasises that a ground is a complaint of error, not a re-argument of the case.
