APPELLATE PRACTICE — Formulation of Issues by Respondent — Must Arise from Grounds of Appeal — Cross-Appeal or Respondent’s Notice Required
Ratio Decidendi
Per Mohammed, JSC, in APGA & Anor v. Umeh & Ors (2011) NLC-123-21-2010(SC) at pp. 13—14; Paras E—A:
"The law on the formulation of issues by a Respondent is well settled. It is to the effect that any issue formulated for determination of an appeal by the Respondent must relate to the grounds of appeal filed by the Appellant. However, for the Respondent in an appeal to validly raise any issue not related to or arising from the grounds of appeal filed by the Appellant, such Respondent must file a cross-appeal or file a Respondent's Notice."
Explanation / Scope
This principle establishes that issues formulated by a respondent must relate to the appellant’s grounds of appeal. To raise issues not arising from the grounds, the respondent must file a cross-appeal or respondent’s notice. The principle applies in appellate practice. It ensures that issues are properly grounded. The principle reflects the need for procedural compliance. It prevents respondents from raising unrelated issues without notice. The court must strike out unrelated issues. The principle provides guidance on respondent’s issues.