APPELLATE PRACTICE — Grounds of Appeal — Error in Law — Requirements for Valid Ground Alleging Error or Misdirection
Ratio Decidendi
Per ONNOGHEN, JSC, in Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC) at p. 8; Paras A–B:
"It is settled by a long line of decided cases that when a ground of appeal alleges either an error in law or misdirection in law: (i) the passage of the judgment where the error or misdirection occurred must be quoted and (ii) full and substantial particulars of the alleged error or misdirection must be given."
Explanation / Scope
This principle establishes the mandatory requirements for a valid ground of appeal alleging error or misdirection in law. The ground must quote the specific passage of the judgment where the error occurred and provide full and substantial particulars of the alleged error. The principle applies in appellate practice. It ensures that grounds are specific and clear. The principle reflects the need to identify the error precisely. It prevents vague or general grounds. The court must require compliance. The principle provides guidance on drafting grounds of appeal.