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ISSUES FORMULATED ARE NOT SUPPOSED TO BE ARGUMENTATIVE

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Dictum

Issues for determination are formulated’ and not supposed to be argumentative’ as formulated. The parties are expected to coin their issues for determination as precise as possible with professional elegance and brevity but without sacrificing its essential messages. By practice, issues formulated are different from issues argued or arguments on issues. Arguments or analogies on issues formulated are not to be contained in the issues so formulated. Arguments and analogies are to be supplied separately to amplify on the issues so formulated. The Respondents’ Counsel is found inadequate in this regard for formulating convoluted issues for determination at pages 7-8 of the Respondents’ Brief.

— S.D. Bage, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006

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PARTIES ISSUES ARE TO BE CONSIDERED

It is trite that issues raised by parties ought to be considered and determined. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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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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JUDGEMENT MUST BE CONFINED TO PARTIES ISSUES

This is because it is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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APPELLANTS’ ISSUE WILL BE ADOPTED

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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ISSUE MUST ARISE FROM GROUNDS OF APPEAL

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)

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FAILURE TO APPEAL FOR ISSUES NOT HEARD BY THE LOWER COURT

It is obvious that the respondent has not appealed against the failure of the court below to consider other issues raised before it. The inference that can rightly be made from that position is that they took a chance that the judgment of the court below would be affirmed by this court. Having regard to what I have said above on the only issue considered by the court below, it is manifest that the risk taken by the respondent has not enured in its favour. On the other hand, as already observed, the trial court had found for the plaintiff/appellant in respect of all his claims against the respondent. As those findings remained undisturbed, it would not in my humble view, be right in the circumstances to now deny the appellant of the fruits of his success by remitting the case to the court below for the consideration of the issues that the court deliberately left unconsidered in its judgment. The justice of the case demands that the appellant should be granted all his claims as found by the trial court. And it is hereby granted accordingly.

— Ejiwunmi JSC. Melwani V. Five Star Industries Limited (SC.15/1994, 25 January 2002)

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