LEGAL PRINCIPLE: APPELLATE PRACTICE — Record of Appeal — Record Binds the Court
PRINCIPLE STATEMENT
In the absence of showing when a brief was served, the court is bound by the record. The record of appeal binds the court.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Agbana v. Owa & Ors (2004) NLC-832000(SC) at p. 9; Paras D–E.
"In the absence of showing when the appellant's brief was served on the 1st respondent, I am not in a position to determine the objection of the appellant. … And I am bound by the record."
EXPLANATION / SCOPE
The record of appeal is binding on the court. The principle applies to appellate practice. The court cannot go outside the record. The rule ensures that decisions are based on the record. The parties must ensure the record contains all relevant materials. The principle is fundamental.