PRINCIPLE STATEMENT

An objection not made an issue before the court below cannot be raised in the Supreme Court without leave. The appellant must seek and obtain leave to raise an issue not canvassed below.

RATIO DECIDENDI (SOURCE)

Per Mohammed, JSC, in Okobia v. Ajanya (1998) NLC-1321995(SC) at p. 5; Para C.
"The contention that ground 3 was outside the purview of the appeal before the court below was not made an issue before that court. The appellant has neither sought nor obtained the leave of this court to raise an issue not canvassed in the court below. This line of attack is not open to the appellant in this court. I, therefore discountenance it."
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EXPLANATION / SCOPE

New issues cannot be raised on appeal without leave. The principle applies to the Supreme Court. The appellant must have raised the issue below or obtain leave. The rule prevents surprise and ensures orderly procedure. The court will not consider objections not raised earlier. The exception is for jurisdictional issues. The appellant must apply for leave to raise new issues. The court may grant leave in exceptional circumstances. The principle promotes finality and fair hearing. The opposing party must have notice of the issues.

CASES APPLYING THIS PRINCIPLE

None recorded.