WHETHER A RESPONDENT WHO DID NOT FILE A CROSS APPEAL IS AT LIBERTY TO FORMULATE ISSUES NOT BASED ON GROUNDS OF APPEAL FILED
March 11, 2020 1:31 pm
"However, where a respondent choses to formulate issues different from the ones formulated by the Appellant, those issues must arise and be based on the grounds of appeal contained in the Appellant's notice of appeal. See Chami V UBA Plc (2010) 6 NWLR (PT. 1191) 474 AT 496 where Onnoghen JSC (as he then was) stated the position of the Law very clearly in the following words:-
‘It is settled Law that where a respondent filed neither a cross appeal nor respondents notice, he does not have an unbridled freedom to raise issues for determination which have no bearing or relevance to the ground(s) of appeal filed.’"
PER P. A. GALUMJE, J.S.C. IN DELPHINE ZIKERE OKONKWO VS. AMAKA EZEAKU & ANOR SUIT NO: SC. 281/2011
LEGALPEDIA ELECTRONIC CITATION: (2020) Legalpedia (SC) 11118
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