Most times when we are confronted with this rather knotty area of law, the conclusion is quite straight forward. It goes thus: "The Ground of Appeal is incompetent, having not arose from the decision of the Lower Court." This position is replete from decisions of our courts and it is in keeping with another similar principle of law that a party should not be allowed to change his case on appeal. The case must be the same. Otherwise, litigants would clearly turn courts to play grounds where theories and fantasies could be entertained. More often than not however, and under the particular instance that I wish to restate in this post, that salient position might not be regarded as an altruism. The Rules of Court in clear terms do not restrict the Court to a particular number of Grounds of Appeal, as the Courts are allowed to raise such grounds in resolving an appeal. This is also clearly made not to stifle or bind the hands of the court and prevent it from doing justice. Howeve
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