APPELLATE PRACTICE — Grounds of Appeal — Particulars Cannot Expand the Scope of a Ground of Appeal
Ratio Decidendi
Per Oguntade, JSC, in Briggs v. The Chief Lands Officers of Rivers State of Nigeria & Ors (2005) NLC-682000(SC) at pp. 18–19; Paras D–A:
"Particulars required are not arguments or narratives that should be proffered at the hearing of the appeal to establish that the court erred or misdirected itself. They should also not be independent complaint from the ground of appeal itself but ancillary to it."
Explanation / Scope
Particulars of a ground of appeal are ancillary, not independent complaints. They cannot expand the scope beyond the ground itself. The principle applies to appellate practice. The rule prevents appellants from raising new issues through particulars not covered by the ground. Particulars should specify the error without arguing the case. The court will strike out particulars that go beyond or contradict the ground of appeal.
Cases Applying This Principle
None recorded.