APPELLATE PRACTICE ā Fresh Point of Law ā Definition
Ratio Decidendi
Per Tobi, JSC, in Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC) at p. 16; Paras DāE:
"A fresh point of law is a new point of law which was not raised by any of the parties at the trial of the case. A point of law which was raised by the parties at the trial cannot be a fresh point of law."
Explanation / Scope
The distinction is critical because appellate courts generally frown upon allowing parties to raise entirely new issues on appeal. However, pure points of law that are fundamental or go to jurisdiction may be raised even for the first time on appeal. The key test is whether the issue was part of the lis before the trial court. If it was pleaded, argued, or implicitly determined, it is not fresh. If it was never canvassed, it is fresh and generally requires leave to argue. The principle ensures procedural fairness and prevents ambush.