APPELLATE PRACTICE — Intermediate Appellate Court — Failure to Consider Cross-Appeal — Whether Denial of Fair Hearing
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Uzuda & Ors v. Ebigah & Ors (2009) NLC-123-348-2002(SC) at p. 20; Paras A-C:
"In the instant case, apart from the issue of fair hearing, the failure of the lower court to consider the cross-appeal has also robbed this court of the duty to determine whether the cross-appeal has merit or not. The proper order to make in the circumstances is that allowing the appeal and remitting the case back to the lower court to hear afresh."
Explanation / Scope
This principle establishes that failure of an intermediate appellate court to consider a cross-appeal denies fair hearing and robs the Supreme Court of the ability to determine the cross-appeal. The proper remedy is to remit the case back to the lower court for fresh hearing. The principle applies where a cross-appeal is ignored. It ensures that all aspects of the case are considered. The principle reflects the importance of cross-appeals. It prevents the Supreme Court from being unable to determine issues. The court must order a fresh hearing. The principle provides guidance on the consequences of ignoring a cross-appeal.