COURT – DUTY OF COURT – Duty of intermediate Courts to pronounce on all issues raised for determination


“…As manifest from the above reproduced portion of the judgment of the Court below, the appellate High Court left unresolved, the issues raised or covered by grounds 3, 4, 5, 6, 7, 8 and 9 in the additional Grounds of Appeal, which prompted the Court below to set aside the judgment and order a rehearing of the appeal, to enable the appellate High Court address the issues so raised in the additional grounds of appeal. This is in tandem with the numerous decisions of this Court that it is imperative for intermediate Courts to make a definite finding on the issue(s) presented before it and to resolve same one way or the other, even if the appeal had been disposed of by only some of the core issue(s) for determination. See : Ikpeazu v. Otti & Ors (2016) LPELR 40055 (SC); Agbareh & Anor v. Mimra & Ors (2008) LPELR-43211(SC). Having failed to make definite findings on all the issues presented before it, the Court below was on terra firma, when it set aside the judgment of the appellate High Court and ordered a rehearing of the appeal.” Per ABDU ABOKI, JSC in OKEKE v. UWAECHINA (2022-LCER-46525-SC) (Pp 21 – 22; Paras E – E)

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