Nevertheless, the court, especially the appellate court, has a duty to examine the totality of the evidence tendered before the trial court in order to be satisfied that what the parties had pleaded is in consonance with the evidence led at the trial.
— Wali JSC. Chime v Chime (2001) – SC 179/1991
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Generally, an appeal is regarded as a continuation of the original suit rather than the inception of a new action. Because of this, in an appeal, parties are normally confined to their case as pleaded in the Court of first instance. They are not allowed to make a new and different case on appeal. They are not allowed to raise in such appeal new Issues without the express leave of Court or to proffer new evidence without such leave. An appeal, being a judicial examination by a higher Court of the decision of an inferior Court, it follows that such examination should normally and more appropriately be confined to the facts and issues that came before the inferior Court for decision.
– Oputa, JSC. Adegoke v. Adesanya (1989)
I need only add that an appeal against a phantom or non-existent decision is an abuse of the Court’s process.
– Ejembi Eko, J.S.C. Mekwunye v. Emirates (2018) – SC.488/2014
A counsel cannot make out a case not pleaded by a litigant in his address before the court. Where the appellant did not predicate her case on customary law before the lower court, she cannot raise same here afresh before this court. The simple answer is that an appeal is not a new action but a continuation of the matter which is the subject – mater of the appeal. Hence an appellant cannot be allowed to set up a case different to that which was made out at the court below. This is because the appellate court would not have had the benefit of the opinion of the lower court on the issue. Eze V. A- G Rivers State (2001) 18 NWLR pt, 746, pg. 524 Ejiofodomi V. Okonkwo (1982) II SC 74 Dwege V. Iyamahan (1983) 8 SC 76 A-G Oyo State V. Fairlakes Hotels Limited (1988) 5 NWLR pt. 92, pg. 1 FRN V. Zebra Energy Limited (2002) 3 NWLR pt. 754, pg. 471.
— O.O. Adekeye, JSC. Agboola v UBA (2011) – SC.86/2003
Once an appellate Court finds that the conclusion reached by a lower Court is correct, it has no duty to interfere. Thus, the duty of an appellate Court to interfere will arise only where the finding, conclusion and/or decision of the lower Court is wrong and/or perverse. In law, a finding or conclusion of a Court is said to be perverse when such finding does not flow from the proved evidence or was arrived at wrongly or was anchored on extraneous matters. In all such circumstances, an appellate Court will interfere to set it aside and make appropriate finding as justified and borne out by the evidence in the printed record of appeal.
– Abdu Aboki, JSC. Chukwu v. State (2021)
It is elementary law that this court has no jurisdiction to consider the issue which was only decided by the trial court. – Musdapher JSC. Gbadamosi v. Dairo (2007)
In law, a ground of appeal from which no issue for determination was distilled is deemed abandoned and liable to be struck out without much ado. Consequently, Ground 7 in the Notice of Appeal are hereby stuck out.
— B.A. Georgewill, JCA. General Telephone v. Asset (2017) – CA/L/336/2015
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