LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Vague Grounds — Power of Court to Strike Out
PRINCIPLE STATEMENT
The court has the power to strike out a notice of appeal or any ground of appeal that is incompetent or vague.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Adeleke v. Asani & Anor (2002) NLC-931997(SC) at p. 11; Paras E–A.
"The Rules of the Court of Appeal, 1981 as amended, permit the court to strike out any ground of appeal in a notice of appeal which the court considered incompetent, and/or vague. See Order 3 rule 2(7) of the Rules of the Court of Appeal which reads: — 'The court shall have power to strike out a notice of appeal when an appeal is not competent or for any other sufficient reason.'"
EXPLANATION / SCOPE
The appellate court has the power to strike out incompetent or vague grounds of appeal. The court may act on its own motion or on application. Vague grounds do not inform the respondent of the complaint. The power extends to striking out the entire notice of appeal if it is incompetent. The rule ensures that only proper grounds proceed. The appellant must file clear and specific grounds. The court will not tolerate prolix or ambiguous grounds. The principle promotes judicial efficiency. The appellant may seek leave to amend. The court will exercise the power judiciously. The rule applies to both the Court of Appeal and Supreme Court.