In Appuhamy v. Nona (1912) 15 NLR 311, held that, under our procedure all the contentious matter between the parties to a civil suit is, so to say, focused in the issues of law and fact framed. Whatever is not involved in the issues is to be taken as admitted by one party or the other, and under our procedure it is not open to a party to put forward a ground for the first time in appeal unless it might have been put forward in the Court below under some one or other of the issues framed, and when such a ground that is to say, a ground that might have been put forward in the Court below, is put forward in appeal for the first time, the cautions indicated in the Tasmania may well be observed.
Posted on: Fri, 21 Mar 2014 08:45:47 +0000
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