APPELLATE PRACTICE — Issue Formulation — Issues Must Arise from Grounds of Appeal
Ratio Decidendi
Per Kalgo, JSC, in Magna Maritime Services Ltd. & Anor v. Oteju & Anor (2005) NLC-802000(SC) at p. 5; Paras A–B:
"The 6th issue which raised the question of the jurisdiction of the Federal High Court to entertain the case of the appellants did not arise from any of the grounds of appeal and no leave was obtained to file it particularly as the respondents did not file any cross-appeal in this court. I shall therefore discountenance respondents' issue 6."
Explanation / Scope
Issues on appeal must arise from grounds of appeal. Issues not traceable to any ground are incompetent. The principle applies to appellate practice. Leave and cross-appeal cannot cure this defect.