"The case of Obi Nwanze Okonji and 4 Ors. v. George Njokanma and 2 Ors. (1991) 7 NWLR (Pt. 202) 131 and 146 is authority for the view that when...
Explore NLC Curated Legal Principles
"The sole issue was whether exhibit 'A' was a conviction of the person mentioned therein... It is clear in my humble view, that that court correctly adjudged what transpired between...
APPELLATE PRACTICE — Raising Points Suo Motu — Court Must Afford Parties Opportunity to Be Heard
"This court has said on a number of occasions that although an appeal court is entitled, in its discretion, to take points suo motu if it sees fit to do...
"The appeal of the appellant to the court below was only competent to the extent that the two issues raised were a challenge to the finding of the trial court...
"A ground of appeal and/or issue for determination which does not derive from the judgment appealed against is incompetent."
"The court below, not being the final court had a duty to decide the merit of the case upon the issues canvassed before it, notwithstanding that it resolved the issue...
"It is the law that neither a party nor a court is permitted to argue or deal with an issue not related to any ground of appeal."
"It is not in all occasions that a court must inevitably accept the issues framed by the appellant as though they are immutable particularly when the issues formulated by the...
"When an issue is not properly placed before the court, the court has no business whatsoever to deal with it."
"On no account should a court raise a point suo motu, no matter how clear it may appear to be, and then proceed to resolve it one way or the...
"It is now trite law that in the determination of disputes between parties, the court should confine itself on the issues raised by the parties. The court is not competent...
"Where, however, the court raises an issue suo motu and the issue goes to the root of the case, the parties must be given an opportunity to address the court...