APPELLATE PRACTICE — Issue Formulation — Non-Challenge of Lower Court Finding — Finality of Finding
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Bakare v. NRC (2007) NLC-123-51-2002(SC) at pp. 15–16; Paras E–A:
"It must be noted that the court below found that it is Section 83(1) of the NRC Act that is applicable to this matter and not Section 83(l)(a) of the Limitation Law of Lagos-State 1994. This finding not having been challenged on appeal to this court is final. The Appellant's argument in this regard is not predicted on any ground of appeal before this court and it is to that extent otiose and should be discountenanced."
Explanation / Scope
An appellate court is bound by the issues properly raised in the grounds of appeal. Where a party fails to challenge a specific finding of the lower court in his grounds of appeal, he cannot subsequently argue against that finding in his brief or oral submissions. The finding becomes conclusive and binding on the parties. The appellate court will not entertain arguments that are not founded on any ground of appeal, as doing so would amount to deciding issues not properly placed before it.