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A DOUBLE BARRELED ISSUE

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Dictum

Let me take the first issue, which looks to me a double – barrelled one. I say this because it involves both adjectival law as well as substantive law.

— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89

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ISSUE DISTILLED FROM COMBINED GROUNDS WILL BE SAVED WHERE ONE GROUNDS SUPPORTS IT

However, issue four which was partly distilled from grounds 6 and also from ground 7 and 8 should in my view be saved by the competent grounds 7 and 8 and is thus not liable to be struck out along with the incompetent ground 6. See Order 7 Rule 3 of the Court of Appeal Rules 2016. See also CBN and Anor v. Okojie and Ors (2002) LPELR – 836(SC).

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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PROLIFERATION OF ISSUES IS DEPLORABLE

Undoubtedly, the Appellants have disposed themselves to the unpardonable practice of proliferation of issues. Proliferation of issues is highly deplorable. In drafting grounds of appeal and issues for determination, counsel must at all times avoid proliferation of issues and this is done by distilling a sole issue from one or more grounds of appeal, thereby avoiding multiplicity of issues from the same ground.

– Saulawa, JSC. Oko v. Ebonyi State (2021)

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ISSUE FROM INCOMPETENT GROUND OF APPEAL IS ITSELF INCOMPETENT

Ordinarily, any issue formulated from an incompetent ground of appeal is itself incompetent and must be struck out. Issues are the important questions formulated for determination by the court and could be distilled from more than one ground of appeal. See; Sunday Madagwa V. The State (1988) 12 SC (Pt. 1) 68 at 76 … Generally, issues are not meant to be formulated on each ground of appeal but raised or distilled out of a combination of the essential complaints of the appellant in the grounds of appeal. Therefore, issues must necessarily relate to facts or law decided by the court whose decision is appealed against. In other words, it is ideal to distill or formulate an issue from more than one ground of appeal but where this is not done or it is impossible, just only one issue may be raised from one ground of appeal. Therefore, a valid Notice of Appeal with one ground of appeal and a single issue for determination is sufficient to sustain an appeal … There is no doubt that it is now an established practice that an appeal is decided upon the issues raised or formulated for determination of the court. In effect, when issues for determination are formulated, the grounds of appeal upon which they are based or from which the issues are formulated become extinguished or expired. The argument of the appeal is then based on the issues so formulated but not on the grounds.

— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002

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LEAVE MUST BE SOUGHT TO RAISE NEW ISSUE NOT CANVASSED AT THE LOWER COURT

Both parties right at the trial court through to the court below, only canvassed arguments on issue of boundary and not on the root of title from which the plaintiff claimed ownership of the disputed land. Ground No. 3 is therefore a new issue as it was not dealt with by the courts below and by the parties or canvassed by the parties in the two courts. In its judgment, the lower court found that the only issue fought by the parties at the trial court was that of boundary or demarcation of the land between the parties . The third ground of appeal filed by the appellant which introduced the issue of root of title is therefore a new issue which could only be introduced by the appellants with leave of this court since it was never raised at the two lower courts. The preliminary objection therefore succeeds with regard to the third ground of appeal only.

— Sanusi JCA. Ikeleve Daagir Ityavkase Ikyereve V. Joseph Kwaghkar (CA/J/45/97, 15 November 2004)

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JUDGEMENT MUST BE CONFINED TO PARTIES ISSUES

This is because it is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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THE ISSUES ADOPTED BY THE APPELLANT IS TO BE ADOPTED

The issues formulated for determination of this appeal by the parties are similar. However, it is the appellant that is aggrieved by the decision of the lower Court. It is his grievances that are being addressed in this appeal. The respondents duty is to reply to those grievances. This being so, I will adopt the issues formulated by the appellant in the determination of this appeal.

— P.A. Galumje, JSC. Compact Manifold v Pazan Ltd. (2019) – SC.361/2017

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