It is observed that the issues raised by each party reproduced supra are similar save for difference in couching language style. I will therefore adopt the Appellant’s issues as my guide in the determination of this appeal for the simple reason that he is the owner of the appeal.
— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12
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It suffices to state, firstly, that an appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out. – Iguh, JSC. Oshatoba v. Olujitan (2000)
I scarcely need to repeat that every issue in an appeal must arise from one or more grounds of appeal. It is usual for one, two or more grounds of appeal to constitute an issue, not the other way round. The reverse could not have arisen if counsel had done well to remember what an issue in an appeal really is.
– Nnaemeka-Agu, JSC. Petroleum v. Owodunni (1991)
The question whether the 2nd and 3rd respondents were properly joined as “third parties” in the suit has not been raised as an issue in this appeal by any of the parties. I do not, therefore, propose to make any comment on the subject.
— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993
Where a party seeks to raise a fresh point in the Supreme Court, he must: (a) obtain leave of the Supreme Court (b) ensure that the new points sought to be so raised involve substantial issues of substantive or procedural law which need to be allowed to prevent an obvious miscarriage of justice. (c) show that no further evidence is required to resolve the issue for determination.
– Musdapher, J.S.C. Pinder v. North (2004)
It is good law that an appellate court must examine and decide on all relevant issues in the appeal. That is what the Court of Appeal did and I cannot fault the court. This court cannot gag the Court of Appeal in the re-evaluation of evidence, as long as the court does that within the precinct or purview of the Record, and that is exactly what the court did; and so, a full stop.
— Niki Tobi JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003
Counsel appeared to have worked on the misapprehension that every possible slip raises an issue. The result is that he framed too many issues -nine, for six grounds of appeal. This appears to be a reversal of the usual practice whereby one or two or more grounds raise an issue one ground can never properly raise more than one issue. It must, however, be borne in mind that an “issue” in an appeal must be a proposition of law or fact so cogent, weighty and compelling that a decision on it in favour of a party to the appeal will entitle him to the judgment of the court. This is why, apart from the fact that multiplicity of issues tends to reduce most of them to trifles, experience shows that most appeals are won on a few cogent and substantial issues, well-framed, researched and presented rather than on numerous trifling slips.
— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985
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