LEGAL PRINCIPLE: CIVIL PROCEDURE — Grounds of Appeal — Vagueness as Ground for Striking Out
PRINCIPLE STATEMENT
When a ground of appeal is couched in language that lacks elegance and flowing prose, making it difficult to be understood, it has a hallmark of vagueness. Such uncertainty arising from awkward phrasing casts a shadow of incomprehension, and the court should strike it out.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Nuhu v. Ogele (2003) NLC-961998(SC) at p. 5; Paras B–C.
"When a ground of appeal is framed or couched in a language which lacks elegance and a flowing prose that should lend itself readily to be understood then it has a hallmark of vagueness. Such uncertainty arising out of awkward phrasing would no doubt cast a shadow of incomprehension in such a ground. In that case, the court should strike it out for its uncertainty."
EXPLANATION / SCOPE
Vague grounds of appeal may be struck out. The test is whether the ground is comprehensible. The principle applies to appellate practice. The court will not speculate on the intended complaint. The rule ensures clarity in advocacy. The appellant must draft clear grounds. The principle is well-established.