LEGAL PRINCIPLE: CIVIL PROCEDURE — Appellate Practice — Formulation of Issues for Determination — Respondent’s Discretion
PRINCIPLE STATEMENT
A respondent is not under a legal duty to formulate issues in his brief to cover all the grounds of appeal. The respondent is at liberty to formulate issues in the way he understands the live issues in the appeal, with a bias for his client's case.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Obioha v. Nigerian Postal Services Ltd & Ors (2003) NLC-871999(SC) at p. 15; Paras B–C.
"A respondent is not under a legal duty to formulate issues in his brief to cover all the grounds of appeal. Respondent is at liberty to formulate issues in the way he understands the live issues in the appeal, with a bias for his client's case."
EXPLANATION / SCOPE
A respondent may select issues that favour his client. The principle applies to appellate practice. The respondent need not respond to all grounds. The rule allows strategic focus. The appellant must still argue his grounds. The principle is well-established.