LEGAL PRINCIPLE: APPELLATE PRACTICE – Brief writing – Requirement that issues for determination arise from grounds of appeal
PRINCIPLE STATEMENT
Brief of argument must be based on and related to grounds of appeal, especially the issues for determination formulated. Grounds of appeal to the Court of Appeal are not necessarily the same as those to the Supreme Court, and therefore the issues to be determined will differ.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Oladele v. Anibi (1998) NLC-3021991(SC) at p. 8; Paras A–B.
"Brief of argument in an appeal must be based on and related to grounds of appeal, especially the issues for determination formulated. Obviously grounds of appeal to the Court of Appeal are not necessarily the same as those to the Supreme Court and therefore the issues to be determined will differ."
EXPLANATION / SCOPE
Issues for determination must arise from grounds of appeal. The principle applies to all appeals. The appellant cannot raise issues not grounded in the notice of appeal. The rule ensures fair notice. The court will strike out incompetent issues. The principle is fundamental.