LEGAL PRINCIPLE: APPELLATE PRACTICE — Issues for Determination — Court Cannot Consider Issue Not Related to Any Ground of Appeal
PRINCIPLE STATEMENT
It is the law that neither a party nor a court is permitted to argue or deal with an issue not related to any ground of appeal.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Mark & Anor v. Eke (2004) NLC-351997(SC) at p. 19; Para E.
"It is the law that neither a party nor a court is permitted to argue or deal with an issue not related to any ground of appeal."
EXPLANATION / SCOPE
Issues for determination must relate to grounds of appeal. The principle applies to appellate practice. Unrelated issues are incompetent. The rule ensures fair notice. The court will strike out such issues. The principle is fundamental.
