The issues formulated by the parties are needlessly overlapping and superfluous in several aspects. The Appellants formulated twelve (12) issues for determination when in actual fact the contention in this appeal appears straightforward. On their part, the Respondents formulated seven (7) issues with inelegant verbosity. This is not necessary in a Court as busy as the Supreme Court, perhaps any Court at all.
— S.D. Bage, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006
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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)
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)
It is clear that both issues are confined to the competence of the plaintiffs/respondents to sue in the matter. As they do not extend to the competence of the defendants/appellants to defend the action, I shall not go there. This is because parties are, bound by the issues formulated in their briefs. In other words, a party cannot advance an argument outside the issue or issues formulated in the brief without leave of Court. This stems from the larger ambit of our adjectival law that parties are, bound by their briefs.
— Niki Tobi, JSC. Mozie & Ors. v. Mbamalu & Ors. (2006) – S.C.345/2001
There is no doubt, that, generally, the court below ought to have considered all issues placed before it for determination not being the final court on the matter. But a litigant can only be heard to complain if the issue not so considered is material and substantial in the particular circumstance. See Onifade V. Olayiwola (1990) 7 NWLR (Pt.161) 130 at 159 and if the appellant had suffered any miscarriage of justice. See; State V. Ajie (2000) FWLR (Pt.15) 2831 at 2842.
— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002
Undoubtedly, the Appellants have disposed themselves to the unpardonable practice of proliferation of issues. Proliferation of issues is highly deplorable. In drafting grounds of appeal and issues for determination, counsel must at all times avoid proliferation of issues and this is done by distilling a sole issue from one or more grounds of appeal, thereby avoiding multiplicity of issues from the same ground.
– Saulawa, JSC. Oko v. Ebonyi State (2021)
Need I remind the Appellant’s counsel that it is still a valid general principle that where a party seeks to raise a fresh issue on appeal, as he tried to do in this appeal, he must seek the leave of Court. Where he fails to do so, the issue, which ipso facto is rendered incompetent, would be liable to be struck out.
– A. Aboki JSC. Obi v. Uzoewulu (2021)
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