LEGAL PRINCIPLE: EVIDENCE LAW — Identity of Land — Failure to Raise as Issue at Trial — Effect
PRINCIPLE STATEMENT
At no time was the issue of identity of the land raised as an issue between the parties. The issue cannot be raised for the first time on appeal.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Iso & Ors v. Eno (2003) NLC-1701999(SC) at pp. 6–7; Paras E–A.
"The earlier suits, that is, the 1942 and 1945 actions together covered the whole of Ikang Eta land otherwise known as Akim Qua Town. At no time was the issue of identity of the land raised as an issue between the parties."
EXPLANATION / SCOPE
If identity of land is not raised at trial, it cannot be raised on appeal. The principle applies to land disputes. The issue is deemed admitted. The rule promotes finality. The party must raise the issue at trial. The principle is well-established.