APPELLATE PRACTICE — Issue Formulation — Issue Not Covered by Ground of Appeal
Principle Statement
Any issue not covered by any ground of appeal, is incompetent and will be struck out.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Agala & Ors v. Okunsin & Ors (2010) NLC-123-25-2003(SC) at p. 21; Paras B–C.
"Any issue not covered by any ground of appeal, is incompetent and will be struck out."
Explanation / Scope
This principle establishes that issues not covered by grounds of appeal are incompetent and will be struck out. The principle applies in appellate practice. It ensures that issues are properly grounded. The principle reflects the requirement for a nexus between grounds and issues. 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 issues and grounds.
