APPELLATE PRACTICE — Consistency of Case — Party Must Be Consistent in Case Pursued from One Stage to Another
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in APGA & Anor v. Umeh & Ors (2011) NLC-123-21-2010(SC) at p. 21; Paras A—C:
"A party ought to be consistent in the case he pursues from one stage to another so as to avoid springing surprises on the opposite party and this is so much more in an appeal being as a continuation of the original suit. … the parties must be confined in this court to their respective cases as presented and fought in the lower court."
Explanation / Scope
This principle establishes that a party must be consistent in the case pursued from one stage to another to avoid surprising the opposite party, especially on appeal, which is a continuation of the original suit. Parties are confined to the cases as presented and fought in the lower court. The principle applies in appellate practice. It ensures consistency. The principle reflects the need to prevent ambush. It restricts parties to their original case. The court must confine the parties accordingly. The principle provides guidance on consistency of case.