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 p. 8; Paras 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
Fresh issues of law may be raised in the Supreme Court even if not raised below, but only with leave of the court. Without leave, the ground and related issue cannot be considered. The requirement prevents surprise and ensures the lower court had opportunity to address the issue. The applicant must show special circumstances—e.g., substantial justice, jurisdictional question, or clear error. The court has discretion to grant or refuse leave. The absence of leave is fatal. The principle balances flexibility with procedural fairness. The appellant cannot assume the right to raise fresh issues without permission. The court will strike out issues raised without leave.
