PRINCIPLES OF LAW – FUNDAMENTAL PRINCIPLES OF LAW
“The learned Appellant’s Counsel has not been able to surmount two basic principles which indeed are fundamental in our jurisprudence. They are that an appeal is generally regarded as a continuation of the original suit, rather than the inception of a new one, and that in an appeal parties are confined to their case as pleaded in the Court of first instance: Adegoke Motors Ltd. v. Adesanya & Anor. (1989) L.P.E.L.R. – 94 (S.C). This principle prevents the parties from making a new and different case from that argued at the trial Court without express leave of Court. The second is audi alteram partem which is an integral principle of fair hearing both at common law and in Section 36(1) (formerly S.33 (l) of the Constitution.
PER E. EKO, J.S.C. in Adeokin Records & Anor V Musical Copyright Society Of Nigeria (Ltd/Gte) LER SC.336/2008 https://legalpediaonline.com/adeokin-records-anor-v-musical-copyright-society-of-nigeria-ltd-gte/