"The two issues raised by the 3rd Respondent here are not specifically located in any of the grounds of Appeal filed by the Appellants in this case. The 3rd Respondent never filed any notice of appeal or a Respondent's notice. So, he is bound to distill issues for determination from the grounds of appeal filed by the Appellants. The law is that an issue for determination in an Appeal must not only arise from and relate to the grounds of appeal filed, and no more, but must also be such a proposition of law or of fact or both, so cogent, weighty, and compelling that a decision on it in favour of a party to the Appeal will entitle him to the Judgment of the Court. See Nnaemeka-Agu, ISC in the case of KALU VS. ODILI (1992) 5 NWLR (PT. 240) 130. It is therefore, of necessary consequence that the issues to be distilled by the 3rd Respondent must come from the grounds of appeal filed by the Appellants. This is not the case here, so, it is appropriate to set down the issue proposed by the Appellant in their brief of argument for the determination of this Appeal. These issues raised by the 3rd Respondent cannot therefore be countenanced in this Appeal."

Per ADAH, J.C.A. IN MBINA & ORS v. ENYA & ORS CITATION: (2017) LPELR-43532(CA)