APPELLATE PRACTICE — Notice of Appeal — Grounds of Appeal Mandatory
Principle Statement
Order 8 Rule 2(1) supra talks of grounds of appeal and sub rule (2) also reproduced above presupposes that there must be grounds of appeal before particulars will follow there under. The failure to state the ground of appeal rendered the particulars of error in the notice of cross-appeal useless and of no effect.
Ratio Decidendi (Source)
Per Mukhtar, JSC, in Agala & Ors v. Okunsin & Ors (2010) NLC-123-25-2003(SC) at p. 19; Paras A–C.
"Order 8 Rule 2(1) supra talks of grounds of appeal and sub rule (2) also reproduced above presupposes that there must be grounds of appeal before particulars will follow there under. The failure to state the ground of appeal rendered the particulars of error in the notice of cross-appeal useless and of no effect."
Explanation / Scope
This principle establishes that grounds of appeal are mandatory; particulars alone are insufficient. Failure to state grounds renders the notice of cross-appeal useless. The principle applies where grounds are challenged. It ensures that grounds are properly stated. The principle reflects that grounds are the foundation of the appeal. It prevents reliance on particulars without grounds. The court must strike out defective notices. The principle provides guidance on the requirement for grounds of appeal.
