ISSUE NOT RAISED AT THE TRIAL CANNOT BE RAISED ON APPEAL WITHOUT LEAVE

Learned counsel for the 1st respondent in a preliminary objection, raised the issue of filing the process on a public holiday. With respect, I entirely agree with learned Senior Advocate that that issue was not raised at the tribunal. It cannot therefore be raised on appeal without leave of this court. Unfortunately for the 1st respondent, no such leave was sought. And what is more, the tribunal did not advance the reason that the motion could not be taken because it was filed on a public holiday.

— Niki Tobi, JCA. Nnamdi Eriobuna & Ors. V. Ikechukwu Obiorah (CA/E/77/99, 24 May 1999)

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DEPARTING FROM PLEADINGS GOES TO NO ISSUE

This was raised by the appellant who claimed that it became his property on dissolution of the partnership and ceased to be partnership property. Having raised it, the onus of proof lay on him to establish by evidence that the property ceased to be partnership property. That is the law. However, he claimed in his testimony that the property was never partnership property but his own personal property. Since this was a departure from the pleadings, it went to no issue. Further, the Court will not allow a party to depart from the case set out in his pleadings. See Abimbola George v. Dominion Flour Mills (1963) All NLR. 71.

— Obaseki, JSC. Salawu Ajide V. Kadiri Kelani (SC.76/1984, 29 Nov 1985)

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WHAT WAS NOT AN ISSUE AT TRIAL CANNOT BE AN ISSUE ON APPEAL

The law is trite that a point that is not made an issue in the course of trial cannot be so raised in an appellate court unless with the leave of the trial court or the appellate court. See Oshatoba v. Olujitan 2000 5 NWLR part 655 page 159, Obioha v. Duru 1994 8 NWLR part 365 page 631, and Akpene v. Barclays Bank of Nigeria Ltd 1977 1 SC 47.

— A.M. Mukhtar JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004 • 17 February 2012)

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ISSUE MUST ARISE FROM A GROUND OF APPEAL

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)

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PURPOSE OF FRAMING OF ISSUES

✓ In Unity Bank & Anor V. Edward Bonari (2008) 2 SCM 193 at 240, this court had opined thus: “It is now firmly settled that the purpose of reframing issue or issues is to lead to a more judicious and proper determination of an appeal. In other words, the purpose is to narrow the issue or issues in controversy in the interest of accuracy, clarity and brevity.” See also, Musa Sha (Jnr.) & Anor V. Da Ray Kwan & 4 ors (2000) 5 SCNJ 101 (2000) 8 NWLR (Pt 670) 685.

✓ In Sha V. Kwan (supra) at 705 this court has stated thus: “So long as it will not lead to injustice to the opposite side, appellate courts possess the power and in the interest of justice, to reject, modify or reframe any or all issues formulated by the parties…”

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ARGUMENT IN SUPPORT OF ISSUES MUST BE TRACED TO THE ISSUES

It must be emphasised that issues for determination in an appeal must arise from the grounds of appeal filed by the appellant. Equally arising from this statement of the law is that the arguments in support of the issues must be traced to the issues and the grounds of appeal from which such issues were framed. I say no more.

— Mohammed, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

PARTIES ISSUES ARE TO BE CONSIDERED

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ISSUE NOT RAISED AT THE TRIAL CANNOT BE RAISED ON APPEAL WITHOUT LEAVE

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DEPARTING FROM PLEADINGS GOES TO NO ISSUE

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WHAT WAS NOT AN ISSUE AT TRIAL CANNOT BE AN ISSUE ON APPEAL

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ISSUE MUST ARISE FROM A GROUND OF APPEAL

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PURPOSE OF FRAMING OF ISSUES

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ARGUMENT IN SUPPORT OF ISSUES MUST BE TRACED TO THE ISSUES

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