Principle

APPELLATE PRACTICE — Fresh Issues on Appeal — Raising Issues Not Canvassed in Court Below — Requirement for Leave of Supreme Court

Area of law: APPELLATE PRACTICE
Court: Supreme Court

Fresh issues on appeal require leave. The principle applies to appellate practice. The issue must have been raised below or leave obtained. The rule prevents ambush. The court will strike out incompetent issues. The principle is well-established.

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