LEGAL PRINCIPLE: APPELLATE PRACTICE — Nature of Appeal — Whether Appeal Is Inception of New Case
PRINCIPLE STATEMENT
An appeal is not the inception of a new case. No, far from that. An appeal is generally regarded as a continuation of the original suit rather than as an inception of a new action. That being so, an appeal should normally and generally be confined to consideration of the record which came from the court below with no new testimony taken or new issues raised in the Appellate Court.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC Iweka v. S.C.O.A. (Nigeria) Limited (2000) NLC-2311992(SC) at pp. 14–15; Paras. E–A.
"An appeal is not the inception of a new case. No, far from that. An appeal is generally regarded as a continuation of the original suit rather than as an inception of a new action. That being so, an appeal should normally and generally be confined to consideration of the record which came from the court below with no new testimony taken or new issues raised in the Appellate Court."
EXPLANATION / SCOPE
An appeal is a continuation of the original proceedings, not a fresh action. Consequently, appellate courts are confined to the record of proceedings from the lower court. New evidence is generally not permitted except under strict conditions. New issues not raised at trial cannot be introduced on appeal unless they are based on points of law that go to jurisdiction or fundamental validity. This principle ensures that parties do not gain a second bite at the cherry and that litigation proceeds with finality, respecting the trial court’s role as the primary forum for fact-finding.