LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Issue Must Arise from Grounds of Appeal
PRINCIPLE STATEMENT
An issue for determination in an appeal must arise from the ground or grounds of appeal. Where an issue is not predicated on any ground of appeal, the issue becomes incompetent and is liable to be struck out.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at p. 17; Paras B–C.
"An issue for determination in an appeal must arise from the ground or grounds of appeal. Where an issue for determination is not predicated on any ground of appeal, the issue becomes incompetent and is liable to be struck out."
EXPLANATION / SCOPE
Issues must derive from grounds of appeal. The principle applies to appellate practice. The court will strike out incompetent issues. The rule ensures fair notice. The appellant cannot raise new complaints. The principle is fundamental.