LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Brief Writing – Argument to Be Based on Issues, Not Grounds of Appeal
PRINCIPLE STATEMENT
Arguments are to be canvassed on the basis of issues formulated and not on grounds of appeal, for while a resolution of an issue may determine an appeal, a ground of appeal which forms a part of that issue may not.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Okonkwo v. Okonkwo (1998) NLC-441992(SC) at p. 6; Paras A--C.
"[A]rguments are to be canvassed on the basis of issues formulated and not on grounds of appeal, for while a resolution of an issue which is a question in dispute between the parties may determine an appeal, a ground of appeal which forms a part of that issue may not."
EXPLANATION / SCOPE
Issues, not grounds, are the basis for argument. The principle applies to appellate practice. Issues determine the appeal. The rule promotes clarity. The court will consider issues formulated. The principle is fundamental.
