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RESPONDENT – TRADITIONAL ROLE OF A RESPONDENT

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Manuel Akinshola
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RESPONDENT – TRADITIONAL ROLE OF A RESPONDENT

“The traditional role of a respondent was properly explained by this court in the case of Prince Rasak Yesufu Ogiefo v Hrh. Jafaru Isesele I & Ors (2014) LPELR – 22333(CA) thus;

It is trite, that the primary duty of a respondent in an appeal is to support the Judgment or decision of the lower court (appealed against) which is in favour thereof. However, there may be a situation whereby a respondent desires to contend that the Judgment appealed against by the Appellant, and which is in his (respondent) favour, should be varied in any event, or be affirmed on some grounds other than those relied upon by the lower court. In such a situation, the respondent is required to file what is notoriously known as a ‘respondent’s notice of contention’. See Order 9 of the Court of Appeal rules 2011 to the effect…”

 

PER A.O.OBASEKI-ADEJUMO, J.C.A in ARABA SHITTA DADA & 8 ORS .V.  ADENIRAN ADEDOKUN VENTURES & 6 ORS. LER[2019]CA/L/578/2014


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