APPELLATE PRACTICE — Cross-Appeal — Duty of Court of Appeal to Consider and Pronounce Upon
Ratio Decidendi
Per Fabiyi, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at pp. 14—15; Paras E—A:
"Irrespective of the decision reached in the main appeal, the court below had an abiding duty to consider the cross-appeal and pronounce on the propriety or otherwise of the same. The court below erred when it failed to consider arguments urged upon it in respect of the cross-appellant's appeal. … Such a goof as precipitated by the omission to pronounce on the cross-appeal led to a breach of the cross-appellant's right to fair hearing as enshrined in section 36(1) of the 1999 Constitution."
Explanation / Scope
This principle establishes that the Court of Appeal has a duty to consider and pronounce on a cross-appeal, irrespective of the decision in the main appeal, and failure to do so breaches the cross-appellant’s right to fair hearing under Section 36(1). The principle applies where cross-appeals are filed. It ensures that cross-appeals are considered. The principle reflects the requirements of fair hearing. It prevents omission of cross-appeals. The court must pronounce on the cross-appeal. The principle provides guidance on cross-appeals.