Principle Statement

It is settled law that where a respondent filed neither cross appeal nor respondent's notice, he does not have an unrestrained or unbridled freedom to raising issues for determination which have no bearing or relevance to the ground(s) of appeal filed.

Ratio Decidendi (Source)

Per Onnoghen, JSC, in Chami v. United Bank for Africa Plc (2010) NLC-123-257-2003(SC) at p. 14, paras. Cā€“D.

"It is settled law that where a respondent filed neither cross appeal nor respondent's notice, he does not have an unrestrained or unbridled freedom to raising issues for determination which have no bearing or relevance to the ground(s) of appeal filed."
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Explanation / Scope

This principle establishes that a respondent who has not filed a cross-appeal or respondent’s notice cannot raise issues unrelated to the grounds of appeal. The principle applies where a respondent seeks to raise new issues. It ensures that respondents are bound by the appellant’s grounds. The principle reflects that respondents must follow procedure. It prevents respondents from raising issues without proper notice. The court must strike out unrelated issues. The principle provides guidance on the respondent’s role in an appeal.

Cases Applying This Principle

Khaled Barakat Chami v. United Bank for Africa Plc