CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI, JUSTICE, SUPREME COURT.
PARTIES
ALHAJA SARATU ADELEKE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Before the High Court of Oyo State in suit No. 1/57/84, this action was commenced by the plaintiffs against the defendants
HELD
The Appeal was allowed.
ISSUES
“(1) Whether in view of the findings of the lower court and the appellants’ prayer before the Court, the lower court has jurisdiction to strike out the case of the respondents as against the dismissal of the case. (2) Whether the lower court as an intermediate appellate court ought to have considered and given a decision on the other issues submitted for determination in the appeal before them and whether such consideration would not have assisted the lower court to correct the dismissal of this case.”?
RATIONES DECIDENDI
ISSUES FOR DETERMINATION MUST BE DISTILLED FROM GROUNDS OF APPEAL
It is well settled that where a party seeks to have an appellate court resolve a question decided by the Court below, that party must have filed grounds of appeal germane to the question by an appellate court. Per A. O. EJIWUNMI, JSC.
CASES CITED
Ogunbadejo v. Onoyemi (1993) 1 N.W.L.R. (Pt. 271) 517Oshatoba v. Olujitan (2000) 5 N.W.L.R. (Pt. 655) 159Olusanya v. Olusanya (1983) 14 NSCC 97 at p. 102
STATUTES REFERRED TO
NONE