APPELLATE PRACTICE — Fresh Issues on Appeal — When Leave of Court is Required

"It is trite that an appellate court will not allow a fresh issue on appeal to be taken without leave as it has not been pronounced upon by the courts below. This is even moreso as in this case where an appellant is trying on appeal to raise an issue which has not been raised, nor considered by the trial court. However, where the question involves substantial points of law, substantive or procedural and it is plain that no further evidence may be called, the court may allow the issue to be raised subject to leave having been first sought and obtained. In this instance, the appellant in the court below not having first sought and obtained leave of the court below to raise the question of repugnancy of the said 'Itugha Nkwu' custom the said issue for determination is incompetent so also the ground of appeal from which it has been distilled. Even then, it is open for the appellant in the court below to have recourse to a respondent's notice to justify deciding the case on other grounds not relied on by the trial court. This procedure has not been invoked in this matter. Therefore leave to raise such point as in this case must be sought and failing to do so is fatal to the fresh point sought to be raised."