CROSS APPEAL- PROPER PROCEDURE FOR A PARTY SEEKING A REVERSAL OF A LOWER COURT’S DECISION

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Topic starter June 18, 2020 1:18 pm

"It goes without saying that a Respondents Notice that postulates the correctness of the decision appealed against cannot complain about the decision of the Court. Where the 1st Respondent seeks to have the finding and decision of the Lower Court that all the children of late Paul Dawson Otigbah are joint owners of the property reversed, the appropriate procedure is for her to file a cross appeal. It is not to be achieved by a Respondents Notice of Contention to affirm: 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, Oro vs. Falade (1995) 5 NWLR (PT. 398) 385 and County & City Bricks Development Company Ltd vs. MKC Nigeria Ltd (2019) LPELR (46889) 1 at 8-11 . -

PER U. A. OGAKWU, J.C.A IN MAUREEN OTIGBAH & ORS v. AGATHA ADETUTU UWANAKA & ANOR suit no: CA/L/956/2015

Legalpedia Electronic Citation:(2020) Legalpedia (CA) 88171

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