LEGAL PRINCIPLE: APPELLATE PRACTICE – Respondent’s Notice – Reversal of Fundamental Finding
PRINCIPLE STATEMENT
A respondent seeking to set aside or vary a finding that is crucial or fundamental to a case can only do so through a substantive cross-appeal, not through a respondent's notice to affirm or vary the judgment on other grounds.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Eze v. Obiefuna (1995) NLC-1321989(SC) at p. 11; Paras C--D.
"A respondent seeking to set aside or vary a finding which is crucial or fundamental to a case, can only do so through a substantive cross-appeal and not through a Respondent's Notice to affirm or vary the judgment on other grounds."
EXPLANATION / SCOPE
A respondent’s notice cannot be used to challenge a fundamental finding. The proper procedure is a cross-appeal. The principle applies to appellate practice. The respondent must file a cross-appeal if he seeks to overturn a crucial finding. The notice is limited to affirming the judgment or varying it on other grounds. The rule prevents abuse of the respondent’s notice procedure. The court will strike out a notice attacking a fundamental finding. The respondent must comply with the rules for cross-appeals.