APPELLATE PRACTICE — Issues for Determination — Requirement That Issues Must Arise from Grounds of Appeal
Ratio Decidendi
Per Muhammad, JSC, in Wachukwu & Anor v. Owunwanne & Anor (2011) NLC-123-87-2001(SC) at p. 8; Paras A—B:
"The trite position of the law is that an issue for determination must arise from a ground of appeal otherwise it will be incompetent and liable to be struck out."
Explanation / Scope
This principle establishes that an issue for determination must arise from a ground of appeal; otherwise it is incompetent and liable to be struck out. The principle applies in appellate practice. It ensures that issues are properly grounded. The principle reflects the nexus 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 issues for determination.