PRINCIPLE STATEMENT

Where a party has not appealed against a finding of a trial court, he cannot be heard to question that finding on appeal.

RATIO DECIDENDI (SOURCE)

Per Iguh, JSC, in Comptoir Commercial & Ind. S.P.R. Ltd v. Ogun State Water Corporation & Anor (2002) NLC-1151997(SC) at p. 15; Paras B–C.
"Where a party has not appealed against a finding of a trial court, he cannot be heard to question that finding on appeal."
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EXPLANATION / SCOPE

An unchallenged finding is binding on the appellant. The appellant must file a ground of appeal against any finding they wish to challenge. Failure to do so means the finding remains conclusive. The principle applies to both trial and appellate court findings. The appellant cannot complain about a finding if they did not include it in the notice of appeal. The rule promotes finality and ensures that the respondent knows the case to meet. The appellant must identify each error complained of. The court will not entertain arguments against unchallenged findings. The principle is fundamental to appellate practice. The appellant cannot circumvent the requirement by raising the issue in argument without a ground.

CASES APPLYING THIS PRINCIPLE