"We have held several times that a Respondent who has not filed a cross-appeal or raised a Respondent's Notice, cannot formulate and argue an Issue for determination of appeal, outside the grounds of appeal (and Issues) raised by the Appellant. See Duru Vs Duru (2016) LPELR - 40444 CA; Emesonye Vs The State (2016) LPELR - 40549 CA. It is, however, appreciated that the Respondent Counsel in the brief had raised questions about the accuracy or completion of the Records of Appeal, compiled and transmitted to this Court by Appellant. That would not, in my view, permit the Respondent to raise a separate issue on it, and argue it, having earlier adopted the 2 two Issues donated by the Appellant for the determination of the appeal. If the Respondent felt that the Records of Appeal was incomplete the law allows the Respondent right to compile and transmit Supplementary Records of Appeal to highlight the part omitted by the Appellant in the Records compiled and transmitted to this Court for the hearing of the appeal. It was also up to him (the Respondent) to raise a preliminary objection, thereon, that the Records of Appeal was incomplete. Having failed to do any of these, he cannot advance arguments on the issue 3. In the circumstance, the alleged Issue 3 is struck out." In ENYEREIBE NWAOBILO v. AKOBUNDU AHUKANNA Suit No; CA/OW/155/2009 Per MBABA, J.C.A. (Pp. 12-13, Paras. D-D)
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June 21, 2019 8:48 am