APPEAL – ISSUE(S) FOR DETERMINATION – Effect of issue(s) for determination not distilled from or related to ground(s) of appeal


“The issue the appellant raised for determination from this ground of appeal is different from the complain in the ground. While the issue raised for determination is whether the respondents waived their right to forfeiture by demanding and collecting rent up to 1995 before the notice to quit (Exhibit A) was allegedly issued, ground 5 from which the issue is derived complains that the Court of Appeal erred in law when it held that the trial Court rightly found that at the time the suit was instituted on 13/5/93, the appellant had paid his rent up to 21/12/91. As it is, issue no. 4 is not derived from ground 5 or any other ground of this appeal. It is therefore incompetent and is accordingly struck out.” Per EMMANUEL AKOMAYE AGIM, JSC in PILLARS (NIG) LTD v. DESBORDES & ANOR (2021-LCER-40496-SC) (Pp 19 – 20; Paras F – C)

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