The law is trite that a point that is not made an issue in the course of trial cannot be so raised in an appellate court unless with the leave of the trial court or the appellate court. See Oshatoba v. Olujitan 2000 5 NWLR part 655 page 159, Obioha v. Duru 1994 8 NWLR part 365 page 631, and Akpene v. Barclays Bank of Nigeria Ltd 1977 1 SC 47.
— A.M. Mukhtar JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004 • 17 February 2012)
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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)
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
In Saliba v Yassin (2002) 4 NWLR (pt. 756) 1, this court stated clearly that all appeals are decided upon the issues formulated for determination. What this means is that any matter not covered by any issue for determination is of no moment.
— I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day of October, 2023)
An issue is said to be extraneous, when it was neither raised nor canvassed at the trial court on pleadings and in the evidence of the parties.
– Ogbuagu JSC. Ogundele v. Agiri (2009) – SC
The law is that once a preliminary objection succeeds in respect of some issues for determination in an appeal, there will be no need to go further to consider the arguments proffered on those issues formulated for determination which have been found to be infirmed and incompetent. See: Mosoba v. Abubakar (2005) 6 NWLR (Pt. 922) 460; NEPA v. Ango (2001) 15 NWLR (pt. 737) 627 at 645-6 46; Ralph Uwazurike and Ors v. Attorney General of the Federation (2007) 2 SCNJ 369 at p.380; B.A.S.F. Nig. Ltd v. Faith Enterprises Ltd (2010) 1 SCNJ 223 at P.249.
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
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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