LEGAL PRINCIPLE: APPELLATE PRACTICE – New Issues on Appeal – Introduction of Different Legal Character
PRINCIPLE STATEMENT
Allowing the new issues raised by the appellant in the three grounds of appeal would unnecessarily complicate the case by introducing entirely different legal character to the basis on which the case was fought at the trial. If allowed it would ultimately result in grave miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Salami v. Mohammed & Anor (2000) NLC-2191994(SC) at pp. 7–8; Paras E–A.
"Allowing the new issues raised by the appellant in the three grounds of appeal would unnecessarily complicate the case by introducing entirely different legal character to the basis on which the case was fought at the trial. If allowed it would ultimately result in grave miscarriage of justice."
EXPLANATION / SCOPE
New issues on appeal that would change the legal character of the case should not be allowed. Such issues complicate proceedings, introduce matters not litigated below, and may cause miscarriage of justice. The opposing party had no opportunity to address them at trial. The appellate court’s function is to review decisions made, not to entertain new cases. Allowing fundamental changes to the case’s character undermines fair hearing and the integrity of the trial process. Such new issues are properly struck out.