LEGAL PRINCIPLE: CIVIL PROCEDURE — Appellate Practice — Omnibus Ground of Appeal — Scope of Complaint on Weight of Evidence
PRINCIPLE STATEMENT
Where the complaint is against the weight of evidence, the complaint must be against the totality of the evidence adduced, not against any specific issue. It concerns the appraisal and evaluation of all the evidence.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Osolu & Ors v. Osolu & Ors (2003) NLC-571998(SC) at p. 7; Paras A–B.
"Where the complaint is against the weight of evidence, the complaint must be against the totality of the evidence adduced before the trial court not against any specific issue. The complaint is only concerned with the appraisal and evaluation of all the evidence and not the weight to be attached to any particular piece of evidence."
EXPLANATION / SCOPE
An omnibus ground challenges the overall evaluation of evidence. The principle applies to appellate practice. The appellant cannot target specific pieces of evidence. The rule ensures the ground is used correctly. The court will examine the totality of evidence. The principle is well-established.