LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Particulars of Error — Cannot Resuscitate Incompetent Ground
PRINCIPLE STATEMENT
Particulars of error of an incompetent ground of appeal cannot resuscitate the ground of appeal which had been struck out.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ogoyi v. Umagba (1995) NLC-1401991(SC) at p. 8; Paras. C–D.
"Particulars of error of an incompetent ground of appeal cannot resuscitate the ground of appeal which had been struck out."
EXPLANATION / SCOPE
Incompetent grounds cannot be cured by particulars of error. The ground must be competent on its face. The principle applies to all appeals. The court will strike out incompetent grounds. The appellant cannot rely on particulars to save an invalid ground. The rule promotes proper ground formulation. The appellant must file competent grounds.