APPELLATE PRACTICE — Issues for Appeal — Issue Not Appealed Below Incompetent at Supreme Court
Ratio Decidendi
Per Oguntade, JSC, in Shell Petroleum Development Company of Nigeria Limited v. Tiebo & Ors (2005) NLC-91999(SC) at p. 19; Paras E–A:
"The appellant however had not challenged the award of costs in its appeal from the High Court to the court below. The jurisdiction of this court enables it to take appeals only from the Court of Appeal and not from the High Court."
Explanation / Scope
An issue not appealed to the Court of Appeal cannot be raised for the first time at the Supreme Court. The Supreme Court’s jurisdiction is appellate from the Court of Appeal only. The principle applies to appellate practice.