LEGAL PRINCIPLE: APPELLATE PRACTICE – Issue Formulation – Power of Appellate Court to Reformulate Issues
PRINCIPLE STATEMENT
The main purpose of the formulation of issues for determination is to enable the parties to narrow the issue or issues in controversy in the grounds of appeal filed in the interest of accuracy, clarity and brevity... An appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out... The Court of Appeal is at liberty and possesses the jurisdiction to modify or reject all or any of the issues formulated by the parties and frame its own issues or, as pointed out above, to reframe the issues by the parties if, in its view, such issues will not lead to a proper determination of the appeal. However, the issues framed, whether by the parties or by the court, must at all times be related to the grounds of appeal filed.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Sha (Jnr) & Anor v. Da Rap Kwan & Ors (2000) NLC-1401994(SC) at pp. 9–10; Paras A–C.
"The main purpose of the formulation of issues for determination is to enable the parties to narrow the issue or issues in controversy in the grounds of appeal filed in the interest of accuracy, clarity and brevity... An appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out... The Court of Appeal is at liberty and possesses the jurisdiction to modify or reject all or any of the issues formulated by the parties and frame its own issues or, as pointed out above, to reframe the issues by the parties if, in its view, such issues will not lead to a proper determination of the appeal. However, the issues framed, whether by the parties or by the court, must at all times be related to the grounds of appeal filed."
EXPLANATION / SCOPE
Appellate courts have power to modify, reject, or reframe issues formulated by parties to ensure accuracy, clarity, and brevity. However, all issues—whether party-formulated or court-formulated—must derive from and relate to grounds of appeal. Issues not covered by any ground are incompetent and must be struck out. The court’s power to reframe is not a license to introduce new complaints but to sharpen existing ones. This ensures issues serve their purpose of narrowing controversy while remaining anchored in properly appealed errors.