LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Issue Must Derive from Judgment Appealed Against
PRINCIPLE STATEMENT
A ground of appeal and/or issue for determination which does not derive from the judgment appealed against is incompetent.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Kano Textile Printers Ltd v. Gloede and Hoff (Nig.) Ltd (2005) NLC-982002(SC) at pp. 5–6; Paras D–A.
"A ground of appeal and/or issue for determination which does not derive from the judgment appealed against is incompetent."
EXPLANATION / SCOPE
Every ground of appeal and issue must be traceable to the judgment being appealed. Issues unrelated to the lower court’s decision are incompetent. The principle applies to appellate practice. The rule ensures that appeals challenge the decision actually made. The appellant cannot introduce matters outside the scope of the judgment. Incompetent issues will be struck out.