LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – Issues Must Arise from Grounds of Appeal
PRINCIPLE STATEMENT
It is trite that issues for determination formulated in a brief must arise out of and be related to the grounds of appeal relied upon in support of the appeal; any issue not encompassed by nor relating to the grounds must be struck out.
RATIO DECIDENDI (SOURCE)
"It is trite that issues for determination formulated in a Brief must arise out of and be related to the grounds of appeal relied upon in support of the appeal and any issue not encompassed by nor relating to the ground(s) must be struck out."
EXPLANATION / SCOPE
Appellate briefs contain: (1) grounds of appeal—specific errors alleged; (2) issues for determination—questions arising from those grounds. Issues must flow directly from grounds—they cannot raise matters not covered by any ground. This requirement ensures: respondents receive proper notice of the case to answer, appellate review stays within challenged matters, and parties cannot ambush opponents with new issues. Improperly formulated issues are struck out, potentially leaving appeals without foundation. The relationship must be clear—issues should track grounds, addressing the errors alleged. This discipline promotes focused appellate advocacy and prevents expansion of appeals beyond filed grounds. It’s a fundamental appellate procedural requirement enforcing the principle that grounds define appeal scope.