LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – Relationship with Grounds of Appeal
PRINCIPLE STATEMENT
Issues or questions for determination in an appeal are framed from the grounds of appeal before the court. Consequently any issue, argument or other part of a brief which has no ground or grounds of appeal to support it or which is based on a ground of appeal for which no leave has been sought or obtained is not only incompetent but completely valueless. Any such issue taken up in the brief ought to be and must be ignored by the Appellate Court. The issues for determination in an appeal accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. It is for this reason that the issues for determination cannot and should not be at large but must fall within the purview of the grounds of appeal filed.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Omo v. JSC, Delta State & Ors (2000) NLC-3041990(SC) at p. 6; Paras A–C.
"Issues or questions for determination in an appeal are framed from the grounds of appeal before the court. Consequently any issue, argument or other part of a brief which has no ground or grounds of appeal to support it or which is based on a ground of appeal for which no leave has been sought or obtained is not only incompetent but completely valueless. Any such issue taken up in the brief ought to be and must be ignored by the Appellate Court. The issues for determination in an appeal accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. It is for this reason that the issues for determination cannot and should not be at large but must fall within the purview of the grounds of appeal filed."
EXPLANATION / SCOPE
Issues for determination must be framed from and supported by grounds of appeal. Any issue without a supporting ground, or based on a ground requiring leave where leave was not obtained, is incompetent and valueless. Appellate courts must ignore such issues. This ensures appeals are confined to properly raised complaints. Issues cannot roam beyond grounds; they must fall within grounds’ purview. The rule prevents parties from introducing new grievances not properly appealed. Compliance is mandatory for competent appellate presentation.