LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Issues Must Emanate from Claims Made at Trial Court
PRINCIPLE STATEMENT
Issues on appeal must emanate from claims made in the court of first instance and must be traced to the request, prayer, or claim of the proponent. Issues framed from grounds of appeal are not meant to afford an opportunity to make an entirely new case that did not feature at trial.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Fatunbi & Anor v. Olanloye & Ors (2004) NLC-242000(SC) at p. 17; Paras D–E.
"The appellants shall not be allowed to improvise their case on appeal, and the issues to be resolved at any time even in the appellate courts must at times emanate squarely from the claims made in the court of first instance, to wit, the issues in controversy, whether of fact or of law and must be traced to the request, prayer or claim of the proponents of the case. [...] Issues framed from the grounds of appeal are not meant to afford a party an opportunity of making an entirely new case which did not feature at the trial court, and is not one that goes to the jurisdiction of the court."
EXPLANATION / SCOPE
Appellate issues must originate from claims made at the trial court. They must be traceable to the original request, prayer, or claim. The principle applies to appellate practice. The rule prevents parties from improvising new cases on appeal. Issues are not meant to introduce entirely new cases. Jurisdictional issues are the only possible exception.
