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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This court deals with live issues and there is no need beating a dead horse as it will never rise again.
— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004
Adjudication in our courts is our human attempt, (however imperfect), circumscribed as it is by our human limitations, to do justice between the parties before the court. It is of the essence of justice and fairness that cases are decided on their merits. This imposes a duty on the trial judge to consider all the issues arising between the parties before deciding for or against any such party. When a trial court fails in this duty he has merely decided half the case and not the whole case.
– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)
It is settled law that issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way, or obiter dicta or be formulated in vacuo , as issue 5 in the instant case. – Onnoghen JSC. Chami v. UBA (2010)
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)
‘The law is that, an issue for determination must flow from and be supported by a ground of appeal. see Jimoh Garuba v. Isiaka Yahaya (2007) 1 SCNJ 352; Khaled Chami v. UBA Plc (2010) 2 SCNJ 23 at P.36.’
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues raised on the pleadings See: Ochonma v. Asirim Unosi (1965) NMLR 321. The court cannot grant remedies or reliefs not claimed by the parties. – Karibe-Whyte JSC. Awoniyi v. AMORC (2000)
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