LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – Duty of Appellate Court to Decide Only Issues Raised
PRINCIPLE STATEMENT
It is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Oshatoba v. Olujitan (2000) NLC-331994(SC) at p. 10; Paras A–B.
"It is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties."
EXPLANATION / SCOPE
Courts must adjudicate only upon issues properly raised by the parties through their pleadings and formulated for determination. It is impermissible for a court to construct a case for a party—or to decide on a basis not advanced by either side—and then render judgment on that self-formulated case. Such conduct violates the adversarial principle and denies parties fair hearing. The court’s role is to resolve the disputes presented, not to create new ones. Any judgment founded on issues not raised by the parties is liable to be set aside for being ultra vires and procedurally irregular.