COURT OF APPEAL CONSIDERS ISSUE, IN THE CASE IT IS OVERRULED BY THE SUPREME COURT

However, as an intermediate Court and in the event that I am overruled in finding that the issue has been rendered academic having already ruled that latter case filed in 2015 is an abuse, I will proceed to consider the issue of statute bar.

— J.H. Sankey, JCA. Zangye v Tukura (2018) – CA/MK/175/2017

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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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PROPER APPROACH TO ISSUES OF FACT

In Adeyeye v. Ajiboye (1987) 3 N.W.L.R. (Pt.61) 432 at p.451, I referred to what I thought was the proper approach to the issues of fact and findings of fact by trial Courts viz: “The proper approach for any trial court is first set out the claim or claims; then the pleadings, then the Issues arising from those pleadings. Having decided on the issues in dispute the trial Judge will then consider the evidence in proof of each issue, then decide on which side to believe and this has got to be a belief based on the preponderance of credible evidence and the probabilities of the case. After this the trial Judge will then record his logical and consequential findings of fact. It is after such a finding that the trial court can then discuss the applicable law against the background of his findings of fact.”

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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COURT NOT TO MAKE COMMENT ON ISSUE NOT RAISED

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

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COURT OF APPEAL SHOULD CONSIDER ALL ISSUES

It is trite law that an appeal court must consider all issues for determination raised before it except where it is of the view that a consideration of one or more issues is enough to dispose of the appeal. In such a situation, the court may adopt such issues as may dispose of the appeal and may not be bound to consider all the other Issues he considers irrelevant and unnecessary.

— M.A. Danjuma JCA. Folorunsho Ogboja v. Access Bank Plc (CA/AK/38/2013, 18 MAY 2015)

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RESPONDENT SHOULD CONFINE HIMSELF TO ISSUES ARISING FROM APPEAL

It is trite that a respondent to an appeal in his reply to the appellant’s brief must confine himself within the issues arising from the grounds of appeal.

– ADEKEYE JCA. Anyafulu v. Agazie (2005)

COURT REFORMULATING AN ISSUE MUST BE ROOTED IN THE GROUNDS OF APPEAL

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COURT OF APPEAL CONSIDERS ISSUE, IN THE CASE IT IS OVERRULED BY THE SUPREME COURT

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DEPARTING FROM PLEADINGS GOES TO NO ISSUE

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PROPER APPROACH TO ISSUES OF FACT

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COURT NOT TO MAKE COMMENT ON ISSUE NOT RAISED

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COURT OF APPEAL SHOULD CONSIDER ALL ISSUES

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RESPONDENT SHOULD CONFINE HIMSELF TO ISSUES ARISING FROM APPEAL

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