LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground in Civil Cases Must Be Framed as Judgment Against Weight of Evidence
PRINCIPLE STATEMENT
In civil cases which are decided on the basis of preponderance or balance of evidence, the omnibus ground of appeal is simply that the judgment is against the weight of evidence. However, it has been held that it is unobjectionable if such a complaint is couched as — 'the judgment is unreasonable, unwarranted and cannot be supported having regard to the weight of evidence.'
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC) at pp. 5–6; Paras D–A.
"In civil cases which are decided on the basis of preponderance or balance of evidence, the omnibus ground of appeal is simply that the judgment is against the weight of evidence ... However, it has been held that it is unobjectionable if such a complaint is couched as — 'the judgment is unreasonable, unwarranted and cannot be supported having regard to the weight of evidence.'"
EXPLANATION / SCOPE
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