Appellants had sued plaintiffs seeking an order to set aside a deed of contract of sale of land and a deed of rectification.

Judgment was given for the appellants and the respondent appealed to the Court of Appeal.

A motion was filed to substitute a new set of four grounds. The first 3 grounds complained of errors in law and misdirection by the learned trial Judge without giving particulars thereof while the fourth ground was an omnibus ground stating that “the judgment is against the weight of evidence.

Appellants Counsel brought a preliminary objection that the appeal was incompetent because the notice of appeal was defective in that there was no valid ground of appeal contained therein. Counsel for the respondent contended that the grounds were valid

The objection was overruled and the Court of Appeal allowed the appeal.

Appellant appealed to the Supreme Court.