LEGAL PRINCIPLE: APPELLATE PRACTICE – Duty of Appellate Court – Court Must Confine Itself to Issues Raised by Parties
PRINCIPLE STATEMENT
The primary duty of a court is to hear parties on their complaints and confine them to the battleground they have chosen. An appellate court should avoid opening new battlegrounds for the parties, except for serious issues of law or the constitution which can be raised at any time, provided the parties are given an opportunity to address the court.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Irom v. Okimba (1998) NLC-181991(SC) at pp. 4–5; Paras A–C.
"The primary duty of a court is to hear parties on their complaints and confine them to the battleground they have chosen. An appellate court should avoid opening new battlegrounds for the parties, except for serious issues of law or the constitution which can be raised at any time, provided the parties are given an opportunity to address the court on them."
EXPLANATION / SCOPE
Courts must adjudicate only issues raised by the parties. The principle prevents the court from making a case for a party. The exception is for serious constitutional or jurisdictional issues. The rule applies to all appellate courts. The court cannot introduce new issues without giving parties the opportunity to be heard. The principle respects the adversarial system. The parties define the scope of the dispute. The court will not open new battlegrounds. The principle promotes fairness and certainty.