LEGAL PRINCIPLE: APPELLATE PRACTICE — Issues for Determination — Issues Must Derive from Grounds of Appeal
PRINCIPLE STATEMENT
Issues for determination must fall within the scope or ambit of the grounds of appeal. Any issue for determination falling outside the ambit or scope of the grounds of appeal is incompetent.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Shittu & Ors v. Fashawe (2005) NLC-212001(SC) at p. 8; Paras D–D.
"Issues for determination must fall within the scope or ambit of the grounds of appeal, any issue for determination falling outside the ambit or scope of the grounds of appeal is incompetent."
EXPLANATION / SCOPE
Appellate issues must be derived from and fall within the grounds of appeal filed. Issues outside the grounds are incompetent and cannot be considered. The principle applies to appellate practice. The rule ensures that parties do not argue matters not raised in their grounds of appeal. The court will strike out incompetent issues. Each issue must be traceable to a specific ground of appeal.
