LEGAL PRINCIPLE: APPELLATE PRACTICE — Issues for Determination — Abandonment of Issues — Duty of Appellate Court to Consider Only Issues Raised and Argued
PRINCIPLE STATEMENT
When an issue is not placed before the court, it has no business whatever to deal with it.
RATIO DECIDENDI (SOURCE)
Per Eso, JSC (as cited by Ayoola, JSC), in Ebba v. Ogodo & Anor (1984) 1 SCNLR 372; (1984) 15 NSCC 255, 266 at pp. 7–8; Paras A–D.
"Notwithstanding the exceptions, the general rule is that when an issue is not placed before the court, it had no business whatever to deal with it."
EXPLANATION / SCOPE
An appellate court must confine itself to issues properly raised by the parties. The court cannot sua sponte introduce new issues. The principle ensures fair hearing. The opposing party must have notice of the issues. The court will not decide matters not argued. The rule applies to both trial and appellate courts. The court may raise jurisdictional issues suo motu, but must hear parties. The principle prevents the court from making a case for a party. The appellant cannot rely on unargued issues. The court will not search for hidden issues. The rule promotes adversarial litigation. The parties define the scope of the appeal.