LEGAL PRINCIPLE: APPELLATE PRACTICE — Fresh Points on Appeal — Point Arising from Judgment Not a New Issue
PRINCIPLE STATEMENT
An issue that arises from the judgment of the trial court is not a new issue; the appellant is entitled as of right to challenge it on appeal without special leave.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Eze v. A.G., Rivers State (2001) NLC-841995(SC) at pp. 40–41; Paras D–A.
"The issues raised by the proposed additional grounds of appeal, rather than being new issues not canvassed at the trial, in fact arose out of the judgment of the trial court. They formed the basis on which the trial Court dismissed the main claims of the Plaintiff/Appellant. The Appellant was entitled, as of right, to challenge on appeal, this basis. He does not need any special leave to argue the proposed additional grounds of appeal since the interpretation of section 1 of the Abandoned Properties Decree 1979 was the basis upon which the trial court came to its conclusion to dismiss the Appellant's main claims."
EXPLANATION / SCOPE
An issue that arises directly from the trial court’s judgment is not a “new issue” requiring leave to appeal. The appellant may challenge the legal basis of the judgment as of right. The distinction is between issues not pleaded or argued below (new issues) and issues that the trial court decided (even if not previously raised). The trial court’s reasoning and legal conclusions are always subject to appeal without leave. The principle prevents the lower court from insulating its errors from appellate review by ruling on unpleaded issues. The appellant need not seek leave to challenge the correctness of the judgment itself. The right of appeal attaches to the whole judgment, including its reasoning.
