LEGAL PRINCIPLE: APPELLATE PRACTICE – Formulation of Issues – Issues Not to Be Based on Each Ground of Appeal
PRINCIPLE STATEMENT
Issues are meant to be formulated, not on each ground of appeal, but raised out of a combination of the essential complaints of the appellants in the ground of appeal.
RATIO DECIDENDI (SOURCE)
"Issues are meant to be formulated, not on each ground of appeal, but raised out of a combination of the essential complaints of the appellants in the ground of appeal."
EXPLANATION / SCOPE
Issues for determination should be formulated from a combination of essential complaints in the grounds of appeal—not on each ground individually. The purpose is to narrow and clarify the real controversies. Proliferation of issues corresponding to each ground is discouraged. Issues should capture the substance of the appeal, not merely repeat grounds. The appellate court has discretion to reframe issues. The rule promotes efficiency and focus. The appellant must not simply convert each ground into an issue. Issues must be concise and cover the essential disputes. The court may strike out redundant or duplicative issues. The principle prevents unnecessary multiplication of issues. Issues must relate to and be covered by the grounds of appeal.
