LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeal Determination — Disposal on Single Issue — Propriety of Determining Appeal Without Considering Other Issues Raised
PRINCIPLE STATEMENT
It is not satisfactory to determine an appeal on a single issue without considering other issues raised; justice is better served by remitting the appeal for hearing on its merits.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Adeleke v. Raji & Anor (2002) NLC-551996(SC) at pp. 8–9; Paras A–A.
"Now, it is also patent that the appeal was considered in respect of the 1st issue raised in the appeal, which was allowed. It cannot, in my view be satisfactory to determine the appeal on that issue alone. I think that in the circumstances, the course of justice would be better served if the appeal is sent back to the court below for the hearing of the appeal on its merits."
EXPLANATION / SCOPE
While an appellate court may sometimes dispose of an appeal on a single dispositive issue, it is not always satisfactory. Where other issues remain unresolved, the proper course may be to remit the appeal for full hearing. The principle applies especially where the court below is in a better position to consider all issues. The appellate court should not leave parties in doubt about unresolved matters. The rule promotes comprehensive adjudication. The court has discretion to determine the appropriate course. The appellant is entitled to have all grounds considered. The principle ensures that justice is not compromised by incomplete determination. The court will remit where necessary for a just decision.
