LEGAL NUGGETS (13) APPEAL - REPLY BRIEF -By Adedotun Habeeb Adetunji, Esq. LL.M (M.IoD), FCAI.



A.B.C (TRANSPORT COMPANY) LIMITED v. MISS BUNMI OMOTOYE (2019) LPELR-47829(SC)

ISSUE
APPEAL - REPLY BRIEF: When is a reply brief necessary

PRINCIPLE
"It is the general practice since the introduction of brief writing that there may be need for an Appellant to file a Reply Brief when an issue of law or argument is raised in the Respondent's Brief, not necessarily being a mere repetition of what the Appellant's Brief contained. In other words, where a Respondent's brief raises issues on points of law not covered in the Appellant's Brief, an Appellant should file a reply to deal with such new points/matters.

Filing of a Reply Brief even by the Appellant, where desirable should not be used to either extend the scope of the arguments in the Appellant's Brief or to raise issues that did not arise as new issues or matters in the Respondent's Brief.

See Per MUHAMMAD, J.S.S in SPDC & ORS V. AGBARA & ORS (2015) LPELR-25987(SC)." Per ABBA AJI, J.S.C. (P. 4, Paras. B-F)

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