APPELLATE PRACTICE — Respondent’s Issues — Without Cross-Appeal, Respondent’s Role Limited to Supporting Judgment Appealed Against
Ratio Decidendi
Per Edozie, JSC, in Ezukwu v. Chukwu & Anor (2004) NLC-1602000(SC) at p. 5; Paras B–C:
"The position of the law is that where a respondent has not filed a cross-appeal, the role of the appellate court is limited to seeing whether or not the decision of the court below is correct. Such a respondent does not have an unrestrained or unbridled freedom of raising issues for determination which have no relevance to the grounds of appeal filed."
Explanation / Scope
A respondent without a cross-appeal cannot raise issues unrelated to supporting the judgment. The respondent’s role is defensive, not offensive. The principle applies to appellate practice. The rule prevents respondents from attacking the judgment without formally appealing. The respondent may only argue that the judgment should be affirmed. Issues attacking the judgment require a cross-appeal.