20 Nov Atuguba & Associates V. Scipion Capital (Uk) Ltd And Holman Fenwick Willian Llp, Civil Appeal No. J4/04/2019, 3 Apr 2019 (Supreme Court)
“Where the only ground of appeal filed is that the judgment is against the weight of evidence, parties would not be permitted to argue legal issues if the factual issues do not admit of any. However, if the weight of evidence is substantially influenced by points of law, such as the rules of evidence and practice or the discharge of the burden of persuasion or of producing evidence, then points of law may be advanced to help facilitate a determination of the factual matters. The formulation of this exception is not an invitation for parties to smuggle points of law into their factual arguments under the omnibus ground.”
The case involves an appeal regarding a dispute over legal fees between a Ghanaian law firm (“the Appellant”) and a UK-based limited liability partnership (“the Respondent”). The Appellant had represented a third party (“1st Defendant”) in some civil actions in Ghana, and had subsequently sued both the Respondent and 1st Defendant for unpaid legal fees; interest; damages for breach of contract; and costs.
The only ground of appeal raised by the Appellant in the Notice of Appeal was that the judgment was against the weight of evidence. The Court discussed extensively the infamous practice whereby lawyers rely solely on the omnibus ground of appeal and fail or neglect to formulate specific grounds stating exactly where the trial judge erred. The Court noted that this places an undue burden on appellate judges such that they have to comb through the record of appeal to identify the specific areas the trial judge supposedly erred, before they are able to make a decision.
Furthermore, Rule 6 of the Supreme Court Rules, 1996 (CI 16) provides that an appellant without leave of Court shall not argue on any ground that is not raised in the Notice of Appeal. In this matter, however, the Appellant argued certain points of law in its statement of case, despite relying solely on the omnibus ground, which exclusively relates to evidential issues. Accordingly, the Court observed that where the sole ground of appeal is that the judgment is against the weight of evidence, the appellant would be limited to making factual arguments only and not legal arguments.
Insight: It is a more appropriate procedural practice for an appellant to formulate specific grounds of appeal, rather than rely solely on an omnibus ground of appeal. Where a party raises only an omnibus ground in an appeal, that party would not be permitted to argue legal issues if the factual issues do not admit of any.
AUTHOR:
DIANAH AMOANIMAA YEBOAH.
Trainee Legal Associate.