NOTICE OF CONTENTION –ESSENCE OF A RESPONDENT’S NOTICE OF CONTENTION  

 

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18/06/2020 2:19 pm  
 
"In any event, the thrust of the 1st Respondents Notice of Contention (see pages 538-539 of the Records) is to overturn the finding of the Lower Court that the Appellants and the Respondents are joint owners of the property. This is not the purpose of a Respondents Notice of Contention for the judgment to be affirmed on grounds other than those relied on by the Court. The Respondents Notice of Contention is resorted to where the position of the Respondent is that the judgment was based on wrong grounds or premise; and that there is evidence on record which can sustain the judgment on grounds other than those relied upon by the Trial Court. The Respondents 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, Sunmonu vs. Ashorota (1975) 1 NMLR 16 and Lagos City Council vs. Ajayi (1970) 1 ALL NLR 291". -
 
 
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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