LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – Issues Must Arise from Grounds of Appeal
PRINCIPLE STATEMENT
Only issues formulated within the parameters and context of the grounds of appeal can be determined in an appeal. Issues not arising from grounds of appeal are incompetent.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Jallco Limited v. Owoniboys Technical Services Limited (1995) NLC-2701988(SC) at p. 14; Para B.
"This Court had made several pronouncements that only issues formulated within the parameters and context of the grounds of appeal can be determined in an appeal."
EXPLANATION / SCOPE
Issues for determination must be derived from the grounds of appeal. An issue not supported by a ground is incompetent. The principle applies to all appeals. The court will strike out incompetent issues. The appellant cannot introduce new complaints through issues. The rule ensures that the respondent has notice of the case to meet. The court will examine the grounds to determine if the issue arises from them. The principle promotes orderly appellate procedure.