LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Parties Cannot Argue Issue Not Covered by Grounds of Appeal
PRINCIPLE STATEMENT
Issues formulated for determination by an appellant should arise from the grounds of appeal filed, and parties will not be allowed to argue any issue not covered by the grounds of appeal.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Omagbemi v. Guinness Nigeria Ltd (1995) NLC-1951992(SC) at p. 11; Para. D.
"Issues formulated for determination by an appellant should arise from the grounds of appeal filed and parties to an appeal will not be allowed to argue any issue not covered by the grounds of appeal."
EXPLANATION / SCOPE
Issues must be derived from grounds of appeal. An issue not covered by any ground is incompetent. The principle applies to all appeals. The court will not entertain arguments on such issues. The rule ensures that the respondent has notice of the case to meet. The appellant cannot introduce new complaints through issues. The court will strike out incompetent issues.