LEGAL PRINCIPLE: APPELLATE PRACTICE – Respondent’s Notice – Distinction from Cross-Appeal
PRINCIPLE STATEMENT
Principle Statement:A respondent's notice of intention to vary a judgment is only available where the party, while accepting the judgment, seeks its variation. It is not available for a complete reversal of the judgment.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Eze v. Obiefuna (1995) NLC-1321989(SC) at p. 17; Para D.
"A respondents' notice of intention to vary a judgment is only available where the party complaining while in principle accepting and retaining the judgment appealed against, merely seeks its variation. It is not available for a complete reversal of such a judgment."
EXPLANATION / SCOPE
A respondent’s notice is for varying the judgment, not reversing it. A complete reversal requires a cross-appeal. The principle applies to appellate practice. The respondent must accept the judgment in principle. The notice can only seek to vary specific parts. The rule prevents respondents from using a notice to undermine the judgment. The court will strike out a notice seeking reversal. The respondent must file a cross-appeal with appropriate grounds. The principle promotes clarity in appellate procedure.