An appeal allows a party to have a court’s decision overturned, modified or affirmed. Whichever a party seeks hugely depends on whether such a party is the appellant or the respondent.
The traditional role of an appellant is to establish that the decision of the Court below is not right so same should be quashed or overturned. However, a respondent to an appeal can cross-appeal or file a Respondent’s Notice in which case such a respondent seeks the decision of the lower court be modified as regards some prayers not granted by the lower court or the reasoning at entering the decision be changed respectively. Thus, the failure of a respondent to an appeal to file a Cross-appeal or Respondent’s Notice has only limited the role of such respondent to stand on the point that the judgment of the Court below is correct.
INFO: Join us on our maiden edition of LITIGASHIP WEBINAR SERIES on the 16th of October, 2021.
- Wale Adeagbo, Esq LLB BL (AICMC)
Litigation and Dispute Resolution Attorney.