LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Misdirection Must Comply with Rules of Court
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."
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.