An issue is derived from a ground where the subject matter of the issue is the same as the subject matter of the complain in the ground. As this court has established in a long line of cases overtime, any issue raised for determination in an appeal that is not based on or covered by any ground of the appeal is not valid for consideration and must be struck out.
– Agim JSC. Pillars v. William (2021)
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Where the complaint in the ground of appeal is one of misunderstanding by the court of the law or misapplication of the law to the facts already established, it is a ground of Law. Where the ground of appeal disputes or questions the evaluation of facts by the court before applying the law, it is a ground of mixed law and fact.
– Rhodes-Vivour JSC. Nwaolisah v. Nwabufoh (2011)
It is trite law that where a party alleged misdirection of law, he must show particulars of the misdirection related to a specific finding or observation or reasoning in the judgment of the trial Court. The particulars of the alleged misdirection must necessarily be stated because not every misdirection will be fatal to the decision of the trial Court or lead to setting same aside on appeal. See M/V CAROLINE MAERSK and ORS. v. NOKOY INV. LTD (2002) LPELR- 3182 (SC) and OKOTIE-EBOH v. MANAGER and ORS. (2004) LPELR.
— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12
Issues for determination must therefore be based on, correlate and be tied to a ground of appeal. The grounds of appeal must reflect the grievance of the appellant against the judgment of the trial court. In the absence of a valid ground of appeal any issue formulated is necessarily incompetent and is liable to be struck out. Likewise any ground of appeal not related to any issue is deemed abandoned – becomes irrelevant to the appeal and is likely to be struck out.
– ADEKEYE, JCA. NOGA v. NICON (2007)
The law is well settled that in practice, there should be no proliferation of issues. Therefore out of three grounds of appeal, an appellant cannot formulate or frame four issues. In other words, a party cannot frame more issues than the number of grounds of appeal.
– Adumein JCA. Adewoyin v. Executive Governor (2011)
It should, however, be noted that, Appellant had distilled their Issue one from grounds 1, 2 and 5 of the Grounds of the Appeal, and thereafter, distilled the Issue 3 (which the Respondent attacked, mistaking it for Issue 4) from the same ground one of the appeal. Appellants cannot do that, as it would amount to proliferation of issues. Having earlier used the ground one, together with grounds 2 and 5, to distill the issue one, the said ground one was no longer available to donate another issue for the determination of the appeal. We have held repeatedly, that a ground of appeal cannot be split to generate issues for determination, and that, once an issue has been distilled from a given ground of appeal, the said ground of appeal is no longer available to give birth to another issue for determination, either alone or in conjunction with other grounds of appeal. Where a ground of appeal has been used to formulate an issue for determination, using it again to formulate another issue will corrupt that other issue for determination and render it incompetent.
– Mbaba JCA. Aduba v. Aduba (2018)
It is settled law that issues for determination must relate to and arise from the grounds of appeal filed by the appellant and any issue that is not distilled from the grounds of appeal is incompetent and must be struck out. A respondent must formulate his issues from the grounds of appeal and he has no business to raise any issue outside them when he did not file a cross appeal or a respondent’s notice that the judgment of the court should be affirmed on other grounds. See:- “ Carlen (Nig.) Ltd. v. University of Jos and Anor (1994) 1 SCNJ 72 Agwundu and Ors v. Onwumere (1994) 1 SCNJ 106 Godwin v. C.A.C. (1998) 14 NWLR (Pt. 584) 162 Shitta Bey v. Attorney-General of the Federation (1998) 10 NWLR (Pt. 570) 392.
— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)
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