Respondents notice and therefore cannot formulate more issues than the
appellant; he relied on ODUKOYA & ANOR V A,G OGUN STATE & ORS
(2020) LPELER -522L6, DR. CASMTR ANYANWU V CHrEF OKEY EZE
&oRs (2019) LPELR-48740(SC); DAIRO V FRN (2012) 16 NWLR
(pr 132s) L29 KALU V UZOR (2006) 8
DOREGOS V ADELE &ORS
NWLR (PT 981)66
(2020) LPELR-51815 -CA'
Furthermore, he submitted the issue formulated by the Respondent did not
derive from the grounds of appeal filed by the Appellant. The law is settled
that an issue for determination in an appeal must derived from the grounds
of appeal filed by the parties thereto NIGERIAN CUSTOM SERVICE &
ANOR BAZUWAYE (2005) LPELR -5948, NWAGU V FADTPE (2012)
LPELR -7966(CA) IDIKA
V
UZOUKWU (2007) LPELR-12864 and
issue 1 formulated by the Respondent is not derived from any of the
grounds of appeal filed by the Appellant and is therefore incompetent and
liable to be struck off. Also, he argued that arguments on both issues 1 & 2
are muddled up and constitute an ineffective brief liable to be struck out.
Appellant, in the alternative submitted
in reply to the arguments of
the
Respondents thus:
On issue l, Appellant insisted
that
contention, the judgement was perverse
contrary
in
to the Respondent's
regard to the failure of the
learned trial judge in respect of the state of evidence before the court to
ascertain authenticity of the signature ascribed to the Appellant on the
alleged confessional statement in line with OGOALA V STATE (2009) 7
ACLR 357 @ 495; AMADI V ORISAKWE & ORS (2005) LPELR-443
cA.AS.40C.2022
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