LEGAL PRINCIPLE: APPELLATE PRACTICE – Brief Writing – Issues for Determination – Issues Must Relate to Grounds of Appeal Filed
PRINCIPLE STATEMENT
This court has on many occasions made it abundantly clear that issue in a brief must relate to the grounds of appeal filed. See Latunde v. Lajifin (1989) 3 NWLR (Pt. 108) 177; Okpala v. Ibeme (1989) 3 S.C. (Pt. I) 61; (1989) 2 NWLR (Pt. 102) 208 and that no brief of a party in an appeal should be based on grounds proposed by that party unless and until those grounds have been duly filed in a notice of appeal.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Korede v. Adedokun & Anor (2001) NLC-411996(SC) at pp. 12–13; Paras E–A.
"This court has on many occasions made it abundantly clear that issue in a brief must relate to the grounds of appeal filed. See Latunde v. Lajifin (1989) 3 NWLR (Pt. 108) 177; Okpala v. Ibeme (1989) 3 S.C. (Pt. I) 61; (1989) 2 NWLR (Pt. 102) 208 and that no brief of a party in an appeal should be based on grounds proposed by that party unless and until those grounds have been duly filed in a notice of appeal."
EXPLANATION / SCOPE
Issues for determination in a brief must relate to the grounds of appeal duly filed. A brief cannot be based on proposed grounds not yet filed. The requirement ensures that arguments are tied to valid grounds properly before the court. Issues that do not relate to any filed ground are incompetent and will be struck out. The principle prevents parties from introducing new complaints not reflected in the notice of appeal. The court will not consider issues that go beyond the grounds. Compliance is mandatory. The appellant must ensure that the notice of appeal is amended before filing a brief containing new grounds. The court will not overlook this requirement.
