CIVIL PROCEDURE — Appellate Practice — Suo Motu Enhancement of Damages — Impropriety in Absence of Cross-Appeal
Ratio Decidendi
Per Akintan, JSC, in A.G. Leventis Nigeria Plc v. Akpu (2007) NLC-123-140-2002(SC) at p. 26; Paras D–E:
"It was wrong of the court below to suo motu increase an award made by the trial court when there was no cross-appeal on that point. The parties never joined issues on the quantum of the award and no argument was preferred on that point before the court below. The court below was therefore wrong in increasing the said award."
Explanation / Scope
An appellate court’s jurisdiction is limited by the notices of appeal and cross-appeal before it. Raising and granting a new claim—such as increased damages—without a cross-appeal violates the rules of fair hearing and adversarial procedure. A court may only affirm, reduce, or set aside an award, but not increase it without a proper challenge from the beneficiary of the increase.