APPELLATE PRACTICE — Preliminary objection — Fresh issues on appeal — Objection to grounds of appeal for lack of particulars raised for first time in Supreme Court
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Onwuka v. Ononuju & Ors (2009) NLC-123-246-2002(SC) at p. 15; Paras A-B:
"The appellant not having complained against any of the grounds of appeal filed by the respondents in the court below for having no particulars or insufficient particulars as required by Order 3 Rule 2(2) and (3) of the CAR 2002 cannot be allowed to do so at this stage of the proceedings in this court without leave of court being first obtained for being fresh issues on appeal."
Explanation / Scope
This principle establishes that a party cannot raise an objection to grounds of appeal for lack of particulars for the first time in the Supreme Court without first obtaining leave. The objection should have been raised in the court below. The principle applies where a party seeks to challenge the competence of grounds of appeal. It ensures that issues are raised at the earliest opportunity. The principle reflects the rule against raising fresh issues on appeal. It prevents ambush and ensures proper procedure. The court must require leave for fresh issues. The principle provides guidance on raising objections to grounds of appeal.