LEGAL PRINCIPLE: APPELLATE PRACTICE — Respondents’ Notice — Postulates Correctness of Judgment
PRINCIPLE STATEMENT
Invocation of a respondent's notice postulates that the judgment is correct but the reasons are based on a wrong premise when there is enough evidence on record to sustain the judgment on other grounds. It postulates the correctness of the judgment notwithstanding the appellant's grounds of appeal.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, adopting Olatawura, JSC in American Cyanamid Company v. Vitality Pharmaceuticals Ltd., in Bob-Manuel & Ors v. Briggs & Ors (2003) NLC-1681995(SC) at pp. 7–8; Paras E–A.
"Invocation of Order 3 rule 14(2) postulates that the judgment is correct but the reasons for the judgment are based on wrong premise when there is enough evidence on record which can sustain the judgment on other grounds other than those relied upon by the trial court. The respondent's notice postulates the correctness of the judgment notwithstanding the grounds of appeal by the appellant to set it aside."
EXPLANATION / SCOPE
A respondent’s notice assumes the judgment is correct. The principle applies to appellate practice. It seeks to support the judgment on alternative grounds. The rule does not challenge the judgment’s correctness. The respondent accepts the outcome but disagrees with the reasoning. The principle is well-established.