LEGAL PRINCIPLE: CIVIL PROCEDURE – Appellate Procedure – Respondent’s Notice Only to Vary and Retain Judgment, Not to Reverse
PRINCIPLE STATEMENT
A respondent's notice under Order 3 rule 14 applies only where the respondent intends to retain the judgment but wants it varied. It is not available to seek reversal. Where a respondent seeks reversal of an adverse finding, he must do so by notice of appeal and cross-appeal.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Nabisco Inc. v. Allied Biscuits Company Ltd. (1998) NLC-2571990(SC) at pp. 8–9; Paras A–C.
"One characteristic of Order 3, rule 14 is that it applies only where the respondent intends to retain the judgment but at the same time wants it varied… A respondent's notice is only available to vary and retain the judgment and not its reversal… Where a respondent seeks… a reversal of an adverse finding, he can only do so by notice of appeal and cross-appeal."
EXPLANATION / SCOPE
A respondent’s notice is for varying the judgment, not reversing it. The respondent must cross-appeal to seek reversal. The principle applies to appellate procedure. The respondent cannot use a notice to attack the judgment. The rule ensures that the respondent does not circumvent appeal requirements. The court will strike out an incompetent respondent’s notice. The principle promotes orderly appellate practice. The respondent must file a cross-appeal if dissatisfied. The rule applies to all appeals.