LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeals in Civil Matters — Party Cannot Maintain on Appeal Case Different from That at Trial
PRINCIPLE STATEMENT
It is settled that a party cannot maintain on appeal a case diametrically different from one maintained at the trial. An appeal is normally a continuation of the trial.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Fatunbi & Anor v. Olanloye & Ors (2004) NLC-242000(SC) at p. 23; Paras C–D.
"It is also now settled that a party cannot maintain on appeal a case diametrically different from one maintained at the trial. An appeal is normally a continuation of the trial."
EXPLANATION / SCOPE
An appellant cannot change his case on appeal from what was maintained at trial. The appeal continues the trial, not a fresh start. The principle applies to civil appellate practice. The rule prevents parties from advancing new cases after losing. The court will not entertain a fundamentally different case on appeal. Consistency between trial and appeal is mandatory.
