CIVIL PROCEDURE — Appeal — Grounds of Appeal — Issue Formulation — Proliferation of Issues
Ratio Decidendi
Per Tabai, JSC, in Teriba v. Adeyemo (2010) NLC-123-47-2003(SC) at p. 4; Paras D–E:
"It is not proper to proliferate issues for determination to the extent of their outnumbering the grounds of appeal. This is because issues must of necessity be predicated on or arise from grounds of appeal; they can only be either equal to or less than the grounds of appeal and not more. Thus while two or more grounds of appeal can, by some dexterity, be considered in an issue, it is not desirable to split a ground of appeal into a number of issues."
Explanation / Scope
This principle establishes that issues for determination must not outnumber grounds of appeal. Issues must be predicated on grounds of appeal and can only be equal to or less than the number of grounds. Splitting a ground into multiple issues is not desirable. The principle applies in appellate practice. It ensures that issues are properly formulated. The principle reflects the need for clarity and focus in appeals. It prevents unnecessary proliferation of issues. The court must ensure issues arise from grounds. The principle provides guidance on formulating issues for determination.