LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – Court Not to Raise Issues Suo Motu
PRINCIPLE STATEMENT
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 of the grounds of appeal is incompetent and will be struck out. It is wrong to found a decision of a court of law on any ground in respect of which it has neither received argument from or on behalf of the parties before it nor even raised by or for the parties or either of them.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC) at p. 25; Paras A–C.
"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 of the grounds of appeal is incompetent and will be struck out. It is wrong to found a decision of a court of law on any ground in respect of which it has neither received argument from or on behalf of the parties before it nor even raised by or for the parties or either of them."
EXPLANATION / SCOPE
Appellate courts are confined to issues derived from the grounds of appeal filed. Any issue not covered by a ground is incompetent and must be struck out. Deciding a case on a point not raised by the parties—whether by counsel or by the court’s own motion—without affording parties the opportunity to address it violates fair hearing. The court’s role is to adjudicate disputes presented, not to formulate new cases. This ensures that parties are not taken by surprise and that appellate review remains grounded in properly challenged matters.