A RESPONDENT IS TO DEFEND THE JUDGEMENT ON APPEAL

A Respondent’s role in an Appeal is to defend the judgment on Appeal, and not attack it. On the other hand, it is duty of the Appellant to attack the judgment. After all he filed the Appeal because he believes it is wrong. If a Respondent is not satisfied with the judgment on Appeal he should file a Cross Appeal or Respondents Notice. See New Nig Bank PLC v Egun (2001) 7 NWLR (Pt. 711) p.1 and Ibe v Onuorah (1999) 14 NWLR (Pt. 638) p. 340. It must be noted, though that a Cross Appeal and a Respondents Notice cannot co-exist.

— O. Rhodes-Vivour, JSC. Bakari v. Ogundipe (2020) – SC.514/2015

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APPELLATE COURT HAS A DUTY TO EXAMINE THE TOTALITY OF EVIDENCE

Nevertheless, the court, especially the appellate court, has a duty to examine the totality of the evidence tendered before the trial court in order to be satisfied that what the parties had pleaded is in consonance with the evidence led at the trial.

— Wali JSC. Chime v Chime (2001) – SC 179/1991

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APPEAL TO NATIONAL INDUSTRIAL COURT: APPEAL ON CHAPTER IV IS OF RIGHT

In law when an appeal against the decision of the Court below, the National Industrial Court of Nigeria, borders squarely on allegation of any breach of Chapter IV of the Constitution of Nigeria 1999 (as amended) dealing with the provisions relating to fundamental rights, such an appeal lie as of right and no leave of Court is required. So also is an appeal against the decision of the Court below in criminal matters lie as of right without any need for leave of Court. However, where an appeal against the decision of the Court below in civil matter borders on grounds other than grounds alleging breach of any of the provisions of Chapter IV of the Constitution of Nigeria 1999 (as amended), happily the law is now firmly settled that it can only lie with the leave of Court. See Skye Bank v. Iwu (2017) LPELR-42595 (SC).

— B.A. Georgewill, JCA. University of Lagos v. Mbaso (2018) – CA/L/775/2016

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RESPONDENT CANNOT COUCH ISSUE OUTSIDE APPELLANT’S GROUNDS OF APPEAL

Be that as it may, it would therefore not be necessary to go into the second issue formulated for determination in this notice of objection. But I will like to comment and emphasize that a Respondent is not permitted to couch any issue outside the perimeters of the Appellant’s grounds of appeal unless such a Respondent has filed a Respondent’s notice or Cross-Appeal. And where an issue for determination is not related to the grounds of appeal it would be incompetent and it ought to be struck out. See:- Falola v. UBN (2005) 7 NWLR Part 924 Page 405 at 424.

— J.O. Bada, JCA. Conoil v Vitol (2011) – CA/A/213/2010

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THERE IS NO RIGHT OF APPEAL ON AWARD OF COSTS

Generally there is no right of appeal against an award of costs except with leave of the High Court or of this court by virtue of section 241(2)(c) of the 1999 constitution. The exception to this provision of the constitution is where in addition to appeal as to costs, there is appeal on other issues or issue. See Anyaso v. Anyaso (1998) 9 NWLR (Pt 564) page 157. Ayanboye v. Balogun (1990) 5 NWLR (Pt 151) page 410.

— Abdu Aboki JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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WHAT DOES “APPEAL” MEANS?

The word “appeal” is simply to make a formal request to somebody in authority “for a decision to be changed” Oxford Learners Dictionary. In an Appeal, the lower Court’s decision is submitted to a higher Court “for review and possible reversal” see Black’s Law Dictionary, 9th Ed.

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

APPEAL AGAINST A NONEXISTENT DECISION

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A RESPONDENT IS TO DEFEND THE JUDGEMENT ON APPEAL

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APPELLATE COURT HAS A DUTY TO EXAMINE THE TOTALITY OF EVIDENCE

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APPEAL TO NATIONAL INDUSTRIAL COURT: APPEAL ON CHAPTER IV IS OF RIGHT

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RESPONDENT CANNOT COUCH ISSUE OUTSIDE APPELLANT’S GROUNDS OF APPEAL

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THERE IS NO RIGHT OF APPEAL ON AWARD OF COSTS

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WHAT DOES “APPEAL” MEANS?

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