"In the first place, the power of this Court is not limited by the Notice of Appeal, as evident from Order 4 Rule 4 of the Court of Appeal Rules, 2016, which provides:

"The powers of the Court under the foregoing provisions of this Rule may be exercised notwithstanding that no notice of appeal or Respondent’s Notice has been given in respect of any particular part of the decision of the court below, or by any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination of the merits of the real question in controversy between the parties."

 PER T. ABUBAKAR J.C.A in the case of CHIEF OLUWASEGUN OGUNDANA & Ors V TELEMU FASANYA & Ors LER (2019) CA/L/110/2016

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