LEGAL PRINCIPLE: CIVIL PROCEDURE – Appeal – Scope of Appeal from Consolidated Suits – Notice of Appeal Limitation
PRINCIPLE STATEMENT
Where, however, as in this case, the notice of appeal in the court below indicated that the part of the decision appealed from is that which related to one of the consolidated suits, the appellant cannot challenge any other part of the decision, without first amending his notice of appeal.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Chikere & Ors v. Okegbe & Ors (2000) NLC-261995(SC) at pp. 7–8; Paras E–A.
"Where, however, as in this case, the notice of appeal in the court below indicated that the part of the decision appealed from is that which related to one of the consolidated suits, the appellant cannot challenge any other part of the decision, without first amending his notice of appeal."
EXPLANATION / SCOPE
When suits are consolidated but the notice of appeal specifies appeal only from the part relating to one suit, the appellant cannot challenge other consolidated suits without amending the notice of appeal. The notice defines the scope of appeal. Limiting the appeal to one suit restricts appellate review to that suit only. To challenge other consolidated suits, the appellant must seek amendment. This ensures parties clearly identify which decisions are appealed and prevents surprise. The notice of appeal’s terms bind the appellant’s right to challenge.