APPELLATE PRACTICE — Issue Formulation — Grounds of Appeal — Requirement that Issues Must Derive from Grounds of Appeal
Ratio Decidendi
Per Ogbuagu, JSC, in Baliol Nigeria Ltd v. Navcon Nigeria Ltd (2010) NLC-123-57-2003(SC) at p. 2; Paras A–B:
"It is now firmly settled in a plethora of decided authorities by this Court that any issue or issues which is or are not formulated from a ground of appeal, is incompetent and must be ignored or discountenanced and struck out."
Explanation / Scope
This principle establishes that issues for determination must be formulated from grounds of appeal. Any issue not derived from a ground of appeal is incompetent and must be struck out. The principle applies in appellate practice. It ensures that issues are properly grounded. The principle reflects the need for a link between grounds and issues. It prevents parties from raising issues not covered by grounds. The court must strike out incompetent issues. The principle provides guidance on the formulation of issues.