LEGAL PRINCIPLE: APPELLATE PRACTICE – Fresh Issues on Appeal – Requirement of Leave
PRINCIPLE STATEMENT
The issue he has raised in this ground is no doubt an issue of law and although he has not raised it in the Court of Appeal he is entitled to do so here as enunciated by previous decisions of this court but he must have obtained leave to do so. There was no such leave and so the ground of appeal 9 and the issue raised relative to it cannot be considered in this appeal.
RATIO DECIDENDI (SOURCE)
Per Umaru Atu Kalgo, JSC, in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at pp. 7–8; Paras E–A, A–C.
"The issue he has raised in this ground is no doubt an issue of law and although he has not raised it in the Court of Appeal he is entitled to do so here as enunciated by previous decisions of this court but he must have obtained leave to do so. There was no such leave and so the ground of appeal 9 and the issue raised relative to it cannot be considered in this appeal."
EXPLANATION / SCOPE
A party may raise a fresh issue of law for the first time in the Supreme Court, but must obtain leave to do so. Without leave, the ground of appeal and the issue raised cannot be considered. Leave is a procedural prerequisite—the court cannot waive it. The requirement ensures that the opposing party is not taken by surprise and that the lower court had an opportunity to address the issue. Even where the issue is purely legal, leave remains mandatory. The failure to obtain leave is fatal. The court will strike out the ground and ignore the issue. The principle balances flexibility with procedural fairness.
