LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Issues Must Arise from and Be Supported by Grounds of Appeal
PRINCIPLE STATEMENT
Where an issue does not arise from or is not supported by the grounds of appeal, it is unarguable, incompetent, and ought to be struck out.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Omagbemi v. Guinness Nigeria Ltd (1995) NLC-1951992(SC) at pp. 8–9; Paras. D–A.
"Where such is the case the issue is unarguable and is afortiori incompetent and ought therefore to be struck out."
EXPLANATION / SCOPE
Issues must be traceable to the grounds of appeal. The court will strike out issues that are not supported. The principle applies to all appeals. The appellant must ensure that each issue is covered by a ground. The rule promotes clarity in appellate advocacy. The court will not speculate on the basis of an issue. The appellant may amend the grounds if necessary.