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July 29, 2019 1:46 pm
"This court put it clearly in Sorungbe & Ors v Lagos Sate Urban Renewal Board & Ors (2017) LPELR - 43378 (CA) thus;
"The Respondent's Notice of Contention is resorted to where the position of the respondent is that the judgment is correct but that the judgment was based on wrong grounds or premise; and that 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 of Contention postulates the correctness of the judgment. See American Cyanamid Company vs. Vitality Pharmaceuticals Ltd (1991) 2 NWLR (PT 171) 15 or (1991) LPELR (461) 1 at 23-24, Sumonu vs. Ashorota (1975) 1 NMLR 16 and Lagos City Council vs. Ajayi (1970) 1 ALL NLR 291. It goes without saying that a Respondent's Notice that postulates the correctness of the judgment appealed against cannot complain about error in law in the judgment. Where a Respondent contends that the judgment was the product of an error in law, then it presupposes dissatisfaction with the judgment and the logically appropriate procedure will be to file a cross appeal to correct the error in law and not a Respondent's Notice: African Continental Seaways Ltd vs. Nigerian Dredging Roads And General Works Ltd (1977) 5 SC 235, Eliochin Nig. Ltd vs. Mbadiwe (1986) 1 NWLR (PT 14) 47 and Oro vs. Falade (1995) 5 NWLR (PT 396) 385."per OGAKWU, J.C.A (PP. 6-7, PARA. E)
- PER A.O.OBASEKI-ADEJUMO, J.C.A IN KASMAL PROPERTIES LIMITED .V. ADENIRAN ADEDOKUN VENTURES (NIG) LTD &14 ORS
APPEAL NO: CA/L/582/2014
LEGALPEDIA ELECTRONIC CITATION: LER[2019]CA/L/582/2014
