LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Proliferation of Issues — Propriety
PRINCIPLE STATEMENT
The proliferation of issues for determination in appeals has been discouraged and disapproved in our appellate courts. Issues raised in any appeal must relate to the grounds of appeal and the judgment or decision challenged.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC Iweka v. S.C.O.A. (Nigeria) Limited (2000) NLC-2311992(SC) at p. 28; Paras. C–E.
"The proliferation of issues for determination in appeals has been discouraged and disapproved in our appellate courts. Issues raised in any appeal must relate to the grounds of appeal and the judgment or decision challenged."
EXPLANATION / SCOPE
Appellate courts frown upon excessive and unnecessary proliferation of issues for determination. Issues formulated must flow directly from the grounds of appeal and relate to the judgment under challenge. Multiplying issues beyond what the grounds legitimately sustain confuses the real controversy, wastes judicial time, and may indicate an attempt to introduce matters not properly before the court. Counsel should distill clear, concise issues that capture the essence of the appeal. Proliferation may lead to striking out of redundant issues or dismissal of the appeal where it obscures the real questions for determination.