LEGAL PRINCIPLE: APPELLATE PRACTICE – Grounds of Appeal – Effect of Issues Not Arising from Grounds – Deemed Abandonment of Grounds
PRINCIPLE STATEMENT
Where an issue formulated does not arise from the grounds of appeal filed, and no issue has been raised based on those grounds, the grounds are deemed abandoned. It follows that no argument has been advanced in support of the appeal.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Adah v. Adah (2001) NLC-1091997(SC) at p. 9; Paras B–C.
"Where an issue formulated does not arise from the grounds of appeal filed, and no issue has been raised based on those grounds, the grounds are deemed abandoned. It follows that no argument has been advanced in support of the appeal."
EXPLANATION / SCOPE
If the formulated issues do not arise from the grounds of appeal, and no issue is raised based on those grounds, the grounds are deemed abandoned. No argument is advanced in support of the appeal. The consequence is dismissal of the appeal. The appellant cannot ignore the grounds and argue extraneous issues. The court will not search the grounds to find support for issues. The rule ensures that the appellant identifies the errors complained of. Abandonment is inferred from failure to link issues to grounds. The appellant must demonstrate the relationship between issues and grounds. The principle prevents circumvention of procedural requirements. The court will strike out incompetent issues.
