LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – Relationship Between Grounds of Appeal and Issues for Determination – Necessity for Issues to Arise from Grounds
PRINCIPLE STATEMENT
Issues are formulated with a view to proffering arguments to meet them. In that effort, the complaints in the relevant grounds of appeal will of course be projected if the issues have been correctly identified. That is why it is necessary to argue issues which have been framed from grounds of appeal rather than the grounds of appeal themselves. But in order to have the desired results the issues formulated for the determination of an appeal must be based on the ground or grounds of appeal filed by the parties. In other words, the issues must encompass the grounds of appeal otherwise any argument in support of an issue not adequately backed by a ground or grounds of appeal will be discountenanced and struck out by the court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adah v. Adah (2001) NLC-1091997(SC) at pp. 7–8; Paras D–A.
"Issues are formulated with a view to proffering arguments to meet them. In that effort, the complaints in the relevant grounds of appeal will of course be projected if the issues have been correctly identified. That is why it is necessary to argue issues which have been framed from grounds of appeal rather than the grounds of appeal themselves. But in order to have the desired results the issues formulated for the determination of an appeal must be based on the ground or grounds of appeal filed by the parties. In other words, the issues must encompass the grounds of appeal otherwise any argument in support of an issue not adequately backed by a ground or grounds of appeal will be discountenanced and struck out by the court."
EXPLANATION / SCOPE
Issues for determination must be based on and encompass the grounds of appeal. Issues are framed from grounds to project the complaints. Arguments on issues not backed by grounds will be discountenanced and struck out. The relationship is mandatory—issues must arise from grounds. The purpose is to focus the appeal on properly raised complaints. The court will not consider issues that go beyond the grounds. The appellant cannot introduce new complaints through issues. The rule ensures that the respondent has notice of the case to meet. The court may reformulate issues but cannot depart from the grounds. The principle preserves the integrity of appellate procedure.
