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TRIAL COURT HAS A DUTY TO DECIDE ALL ISSUES ARISING

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Dictum

Adjudication in our courts is our human attempt, (however imperfect), circumscribed as it is by our human limitations, to do justice between the parties before the court. It is of the essence of justice and fairness that cases are decided on their merits. This imposes a duty on the trial judge to consider all the issues arising between the parties before deciding for or against any such party. When a trial court fails in this duty he has merely decided half the case and not the whole case.

– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)

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SUPERFLUOUS AND OVERLAPPING ISSUES ARE NOT NECESSARY

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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ANY MATTER OUTSIDE THE STATEMENT OF CLAIM GOES TO NO ISSUE

What it means is that his cause of action and his grievances must be contained in statement of claim, with which he is bound, for any matter outside the periphery of the statement of claim i.e. pleadings vide evidence goes to no issue and are bound to be ignored. See Emegokwe v. Okadigbo 1973 4 SC. 113, Shell P. B. v. Abedi 1974 1 SC 23, and Umuoffia v. Ndem 1973 2 SC 69. Another important aspect of an action is proof of the content of the pleading. In this respect, the law is trite that actions are proved on preponderance of evidence and balance of probabilities. See Elias v. Omo-Bare 1982 5 SC. 25, Woluchem v. Gudi 1981 5 SC. 291, and Akinlemibola v. C.O.P. 1976 6 SC. 205.

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

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ISSUE DISTILLED FROM COMBINED GROUNDS WILL BE SAVED WHERE ONE GROUNDS SUPPORTS IT

However, issue four which was partly distilled from grounds 6 and also from ground 7 and 8 should in my view be saved by the competent grounds 7 and 8 and is thus not liable to be struck out along with the incompetent ground 6. See Order 7 Rule 3 of the Court of Appeal Rules 2016. See also CBN and Anor v. Okojie and Ors (2002) LPELR – 836(SC).

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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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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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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A RESPONDENT CANNOT FRAME ISSUE OUTSIDE THE APPELLANT’S GROUNDS, EXCEPT CROSS-APPEAL

My close study of 1st respondent’s brief shows that it is only the first issue that is covered by ground three of the appellant’s notice of appeal. Hence the second and third issues formulated by the 1st respondent do not arise from any of the grounds of appeal. A respondent who does not cross-appeal or file a respondent’s notice cannot frame issue outside the grounds of appeal filed by the appellant. Indeed, none of the last two issues for determination as formulated by the 1st respondent has any relevance to the grounds of appeal. In Atanda v. Ajani (1989) 3 NWLR (Pt. 111) 511 at 543-544 the Supreme Court per Nnaemeka –Agu, JSC held: “This court has stated a number of times that a respondent’s primary duty is to support the judgment appealed against by showing that the contentions of the appellant as to the grounds of errors are without merit. Also, as they have not cross-appealed, they cannot formulate issues as it were, in nubibus – hanging in the skies. They can only either adopt the issue as formulated by the appellants based on the grounds of appeal before court or, at best, recast them by giving them a slant favourable to the respondent’s point of view, but without departing from the complaint’s raised by the grounds of appeal.” See also Idika v. Erisi (1988) 2 NWLR (Pt. 78) 563, 579, 580.

— S. Galadima, JCA. Jadesimi & Anor. v. Egbe (2003)

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