APPELLATE PRACTICE — Formulation of Issues — Issues Must Flow from Grounds of Appeal
Ratio Decidendi
Per Musdapher, JSC, in Owners of M/V Gongola Hope & Anor v. Smurfit Cases Nigeria Ltd & Anor (2007) NLC-123-121-2002(SC) at p. 11; Paras A–C:
"Issues for determination in any appeal must not only be related to or arise not only from the grounds of appeal filed by the appellant or cross-appellant but must be traced to the judgement or decision being appealed against."
Explanation / Scope
This principle establishes the requirement that issues for determination must flow from the grounds of appeal. Issues cannot be formulated arbitrarily; they must be traceable to the grounds of appeal and the judgment being appealed. This ensures that the appeal properly challenges the lower court’s decision. Issues that do not arise from grounds are incompetent and will be struck out. The principle prevents parties from introducing new matters on appeal. It ensures orderly appellate procedure. The appellant must frame issues that reflect the errors alleged in the grounds. The principle applies in all appellate proceedings.