CIVIL PROCEDURE ā Issues for Determination ā Respondent’s Further Issues Not Arising from Appellant’s Grounds of Appeal
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ibator & Ors v. Barakuro & Ors (2007) NLC-123-243-2001(SC) at p. 5; Paras DāE:
"The lst-4th respondents who have not filed any cross-appeal from which grounds of appeal these further issues could have arisen, nor filed a respondents Notice to affirm the below on the grounds other than grounds argued by the appellants, have not got an unbridled right, or freedom of raising issues or further issues for determination which have no relevance to the grounds of appeal filed by the appellants."
Explanation / Scope
A respondent cannot raise issues for determination that do not arise from the appellant’s grounds of appeal. To do so, the respondent must file a cross-appeal or a respondent’s notice. Without such procedural steps, the respondent is limited to supporting the decision on the issues raised by the appellant. This prevents the respondent from expanding the scope of the appeal unilaterally.