LEGAL PRINCIPLE:  APPELLATE PRACTICE – Grounds of Appeal – Incompetent Issues Not Covered by Grounds of Appeal

Issues for determination in an appeal must derive from and be covered by the grounds of appeal filed. Any issue formulated that does not relate to any valid ground of appeal is incompetent and will be struck out. This ensures that appeals are confined to matters properly challenged and that parties do not use issues to introduce complaints not reflected in their grounds. The linkage between grounds and issues is essential for orderly appellate procedure. Courts will not entertain issues that enlarge the scope of the appeal beyond the challenges properly raised and for which leave was obtained where required.