LEGAL PRINCIPLE: APPELLATE PRACTICE — Respondents’ Notice — Proper Use — Distinction from Cross-Appeal
PRINCIPLE STATEMENT
The traditional role of a respondent's notice is to seek to affirm the judgment appealed against on other grounds than may have been given. A respondent who seeks to set aside a decision of a lower court on any crucial aspect must do so by way of a cross-appeal.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Bob-Manuel & Ors v. Briggs & Ors (2003) NLC-1681995(SC) at p. 7; Paras A–C.
"The traditional role of a respondent's notice is to seek to affirm the judgment appealed against on other grounds than may have been given in the judgment. … any respondent who seeks to set aside a decision of a lower court on any crucial aspect must do so by way of a cross appeal."
EXPLANATION / SCOPE
A respondent’s notice affirms the judgment on other grounds. The principle applies to appellate practice. A cross-appeal is required to set aside a decision. The rule distinguishes between affirming and challenging. The proper remedy for attacking a decision is cross-appeal. The principle is well-established.