EBOH, J.C.A. (Delivering the Lead Ruling): Whilst learned Counsel to the appellants may be correct that the Court may allow any issue or point not raised in the Court below to be raised and argued in an appellate Court where the issue or point is important and necessary for the determination of the appeal concerned, I think that it is important and desirable to consider the proper mode or procedure to be adopted by Counsel in raising such issue or point for consideration by the appellate Court.
In connection with the above, cognizance must be taken by this Court of the provisions of Order 3 Rule 3(1) of the Court of Appeal Rules, 1981 which reads as follows:-
"Order 3 Rule 3(1) - Every application to the Court shall be by notice of motion supported by affidavit. I shall state the rule under which it is brought and the ground for the relief sought."
Counsel to the appellants in this appeal himself said that those issues were not raised in the lower Court and that as he had stated in hi…