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


“There is no ground of this appeal complaining against the decision of the Court of Appeal confirming the decision of the trial Court that the respondents pleaded and proved service of notice to quit (Exhibit G). Therefore, the part of issue 1 that questions the said decision of the Court of Appeal concerning the pleading and proof of the service of notice to quit (Exhibit G), not being derived from or related to any ground of this appeal is incompetent and is hereby struck out. As this Court has established in a long line of cases overtime, any issue raised for determination in an appeal that is not based on or covered by any ground of the appeal is not valid for consideration and must be struck out. See for example MODUPE V THE STATE (1988) 9 SCNJ1 AND REGISTERED TRUSTEES OF THE APOSTOLIC FAITH MISSION & ANOR V UMO BASSEY JAMES & ANOR (1987) 7 SCNJ 167.” Per EMMANUEL AKOMAYE AGIM, JSC in PILLARS (NIG) LTD v. DESBORDES & ANOR (2021-LCER-40496-SC) (Pp 6 – 6; Paras B – F)

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