APPELLATE PRACTICE — Fresh Issues on Appeal — Leave of Court Required
Ratio Decidendi
Per Edozie, JSC, in Ezukwu v. Chukwu & Anor (2004) NLC-1602000(SC) at p. 11; Paras B–C:
"It is the practice that a fresh issue cannot be entertained on appeal without the leave of this court. No such leave was sought and granted by this court and as a result that issue is incompetent."
Explanation / Scope
Fresh issues not raised at trial require appellate leave to be argued. Without leave, such issues are incompetent and cannot be considered. The principle applies to appellate practice. The rule prevents parties from changing their case on appeal. The appellate court will not entertain new issues without good cause shown. The party seeking to raise a fresh issue must apply for leave and justify the late raising.