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AN ISSUE IS THE QUESTION FOR RESOLUTION WHICH DETERMINES THE DISPUTE

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That is to say the appellant having succeeded in establishing that the respondent’s application to register the foreign judgment was filed out of time, the need to rely on the other issues to arrive at the same result is quite necessary. An issue is the question in dispute between the parties necessary for determination of the suit or appeal. An issue, which is normally raised by way of a question, is usually a proposition of law or fact in dispute between the parties necessary for determination by the court, a determination which will normally affect the result of the suit or appeal. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt.110) 417; Okoromaka v. Chief Odiri (1995) 7 NWLR (Pt.408) 411 and Olafisoye v. Federal Republic of Nigeria (2004) 4 NWLR (Pt.864) 580 at 641-642 … As the determination of the five issues in the appellant’s brief of argument will not affect the result of this appeal, the issues have ceased to be the real issues for determination between the parties in this appeal. This is because courts of law are not established to deal with hypothetical and academic questions. Courts are established to deal with life issues which relate to matters in difference between the parties. See National Insurance Corporation v. Power and Industrial Engineering Co. Ltd. (1986) 1 NWLR (Pt.14) 1 at 22; Akeredolu v. Akinremi (1986) 2 NWLR (Pt.25) 710 at 728; Ekperokun v. University of Lagos (1986) 4 NWLR (Pt.34) 162 at 179; Titiloye v. Olupo (1991) 7 NWLR (Pt.205) 519 at 534; Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt.622) 290 at 330 and Macaulay v. R.Z.B. of Austria (2003) 18 NWLR (Pt.852) 282 at 300.

— M. Mohammed, JSC. Marine Co. v Overseas Union (2006) – SC.108/2001

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WHEN FRESH ISSUE WILL NOT BE ENTERTAINED

The general rule, on fresh point or issue in this Court, is that it will not be entertained if this Court had not the benefit of the views of the Justices of the Court below: see FADIORA v. GBADEBO (1998) 3 SC 219; ENANG v. ADU (1981) 11 – 12 SC 25; ADEGOKE MOTORS v. ADESANYA (1989) 3 NWLR (Pt.109) 250, etc.

– Ejembi, JSC. GTB v. Innoson (2017) – SC.694/2014(R)

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LEAVE IS TO BE SOUGHT FOR SUPREME COURT TO DETERMINE AN ISSUE NOT RAISED AT LOWER COURT.

Now, any party to an appeal who seeks the determination of an issue that was never raised at and determined by the trial and/or lower Court must show that it has sought and obtained the leave of the Court earlier. It is long settled that where no leave was sought and obtained, and one is required, the appeal is incompetent and liable to be struck out. See EHINLANWO V. OKE & ORS (2008) LPELR – 1054 (SC) and METUH V. F.R.N (2017) 4 NWLR (PT 1554) 108 at 121.

— M.D. Muhammad, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)

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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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TRIAL COURT HAS A DUTY TO DECIDE ALL ISSUES ARISING

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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JUDGEMENT CONFINED TO ISSUE RAISED

It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues raised on the pleadings See: Ochonma v. Asirim Unosi (1965) NMLR 321. The court cannot grant remedies or reliefs not claimed by the parties. – Karibe-Whyte JSC. Awoniyi v. AMORC (2000)

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WHAT IS AN ISSUE FOR DETERMINATION

I may here repeat what I said in the case of Standard Consolidated Dredging & Construction Company Limited v. Katonecrest Nigeria Limited (1986) 5 N.W.L.R. (Pt.44) 791, at p.799 where I said: “The above manner of wording the issues for determination in both briefs raises two necessary questions, namely:- (i) what is the meaning of “issues arising for determination” in a Brief and (ii) what are its objects and purpose? As for the meaning of ‘Issue” I cannot do better than borrow the words of Buckley, L.J., in Howel v. Dering & Ors. (1915) 1 K.B. 54, at p.62 thus: “The word can be used in more than one sense. It may be said that every disputed question of fact is in issue. It is in a sense, that is to say, it is in dispute. But every question of fact which is “in issue” and which a jury has to decide is not necessarily “an issue” within the meaning of the rule”. Later he continued: “An issue is that which, if decided in favour of the plaintiff, will in itself give a right to relief, or would, but for some other consideration, in itself give a right to relief; and if decided in favour of the defendant will in itself be a defence.” So it is in an appellate brief, mutatis mutandis. It is not every fact in dispute or indeed every ground of appeal that raises an issue for determination. While sometimes one such fact or ground may raise an issue, more often than not it takes a combination of such facts or grounds to raise an issue. The acid test is whether the legal consequences of that ground or fact, or a combination of those grounds or facts as framed by the appellant, if decided in favour of the appellant, will result in a verdict in his favour. For as Lord Diplock put it in Fidelitas Shipping Co. Ltd. v. V/O Ex-portchleb (1966) 1 Q.B. 630, at p. 642: “But while an issue may thus involve a dispute about facts, a mere dispute about facts divorced from their legal consequences is not “an issue.”

— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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