LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Must Arise from Grounds of Appeal
PRINCIPLE STATEMENT
Issues for determination formulated in an appeal must be limited, circumscribed, and fall within the scope of the grounds of appeal filed. They cannot raise issues outside the contemplation of the grounds of appeal.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Oduntan v. General Oil Limited (1995) NLC-731992(SC) at p. 13; Paras. A–C.
"It is now fairly well settled that issues for determination formulated in an appeal must of necessity be limited, circumscribed and fall within the scope of the grounds of appeal filed. Since they arise from the grounds of appeal or ought to have so emanated, the issues ought to take account of the grounds of appeal and cannot raise issues outside their contemplation."
EXPLANATION / SCOPE
Issues for determination must derive from and relate to the grounds of appeal. An issue not covered by any ground is incompetent. The principle ensures appellate courts address only properly raised complaints. Issues cannot be “at large”—they must flow from specific grounds alleging error. The rule prevents parties from introducing new complaints or expanding the appeal beyond properly challenged matters. The appellate court will strike out issues not grounded in the grounds of appeal.