APPELLATE PRACTICE ā Grounds of Appeal ā Issue Raised Outside Grounds of Appeal ā Incompetence
Principle Statement
It is to be noted that there was no appeal filed against the lower court's ruling on the preliminary objection. That issue did not arise from any of the grounds of appeal and they are therefore incompetent. This is trite law.
Ratio Decidendi (Source)
Per Muntaka-Coomassie, JSC, in Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC) at p. 19; Paras CāD.
"It is to be noted that there was no appeal filed against the lower court's ruling on the preliminary objection. That issue did not arise from any of the grounds of appeal and they are therefore incompetent. This is trite law."
Explanation / Scope
This principle establishes that issues must arise from grounds of appeal; otherwise they are incompetent. Where no appeal is filed against a ruling, issues relating to it are incompetent. The principle applies in appellate practice. It ensures that issues are properly grounded. The principle reflects the requirement that issues must derive from grounds. It prevents parties from raising issues not covered by grounds. The court must strike out incompetent issues. The principle provides guidance on the relationship between grounds and issues.
