LEGAL PRINCIPLE: APPELLATE PRACTICE — Respondent’s Notice — Party with Judgment Cannot Attack Judgment Without Cross-Appeal
PRINCIPLE STATEMENT
A party who has judgment in his favour and who has not cross-appealed or who has not taken out a respondent's notice is not entitled to raise any adverse issue arising from the judgment. The only way to show grievance of a judgment is by way of appeal and in certain cases by way of a respondent's notice.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ezeanah v. Atta (2004) NLC-2262000(SC) at p. 12; Paras A–B.
"A party who has judgment in his favour and who has not cross-appealed or who has not taken out a respondent's notice is not entitled to raise any adverse issue arising from the judgment. The only way to show grievance of a judgment is by way of appeal and in certain cases by way of a respondent's notice."
EXPLANATION / SCOPE
A successful party cannot attack parts of the judgment without cross-appealing or filing a respondent’s notice. Mere grievance without proper process is not permitted. The principle applies to appellate practice. The rule ensures procedural fairness and finality. A party wishing to challenge adverse findings must follow proper procedure. The court will disregard improper attacks on a judgment.
