APPELLATE PRACTICE — Respondent’s Duty — Defending Judgment and Limits on Challenging Unappealed Findings
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 8, paras. B–D:
"I think I must early enough make one pertinent observation that a respondent is enjoined to defend his judgment, given as in this case by the court below, with all the resources at his disposal. See Errington v. Errington (1952) 1 KB.290. That accords with the duty under the rules of this court as assigned to the respondent in an appeal. The respondent is not allowed to appear on appeal to be remonstrating with any aspect or part of the decision except by way of respondent's notice or by way of direct appeal against any part of the judgment."
Explanation / Scope
This principle establishes that a respondent is entitled to defend the judgment with all resources at their disposal. However, a respondent cannot challenge any aspect of the decision except by way of a respondent’s notice or a direct appeal against that part. The principle applies in appellate practice. It ensures that respondents do not challenge unappealed findings. The principle reflects the limits on a respondent’s role. It prevents respondents from raising issues without proper procedure. The court must confine the respondent to defending the judgment. The principle provides guidance on the respondent’s duty.