LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues on Appeal – Effect of Failure to Appeal Against Adverse Finding – Finding Remains Binding
PRINCIPLE STATEMENT
The plaintiffs have not appealed against the finding rejecting the claim of sharing of the lands in dispute, and cannot raise the issue on appeal.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Echi & Ors v. Nnamani & Ors (2000) NLC-1271994(SC) at p. 16; Paras D–E.
"The plaintiffs have not appealed against the finding rejecting the claim of sharing of the lands in dispute, and cannot raise the issue on appeal."
EXPLANATION / SCOPE
A party who fails to appeal against an adverse finding cannot later raise that issue on appeal. The finding remains binding and unchallenged. Appeal is the proper mechanism for challenging adverse determinations; silence or failure to appeal constitutes acceptance. The appellate court will not entertain issues not grounded in properly appealed findings. This ensures that parties must timely challenge all adverse findings they wish to contest. Selective appeal leaves unchallenged findings intact and binding on the parties. The principle prevents piecemeal or belated challenges.