AFFIDAVIT SHOULD BE FILED WHERE THERE ARE ISSUES OF FACTS IN PRELIMINARY OBJECTION

Grounds (v), (vi) and (vii) of the preliminary objection themselves raise issues of facts, at best issues of mixed law and facts, for which the defendant ought to have filed a supporting affidavit. The defendant did not. Grounds (v), (vi) and (vii) are respectively stated to be thus: (v) The Plaintiffs’ Suit does not disclose a reasonable cause of action against the Defendants. (vi) The Plaintiffs’ Suit is lacking in bona fide, as it was filed to harass, irritate and embarrass the Defendant, which constitutes an abuse of judicial process. (vii) The ministers (sic) Referral offends the twin pillar of Justice – nemo judex in causa sua and audi alterem partem. These are not grounds that can be resolved without the facts upon which they are based — facts that ought to come by way of an affidavit from the defendant.

— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022

Was this dictum helpful?

MOTION ON NOTICE, NOT PRELIMINARY OBJECTION, IS THE PROPER PROCESS TO CHALLENGE SOME GROUNDS OF APPEAL

The emphasis is that a preliminary objection can only be issued against the hearing of the appeal, and not against a selection of grounds of appeal, which even if it is upheld cannot terminate the appeal in limine. In KLM Royal Dutch Airlines v. Aloma (2017) LPELR- 42588 (SC), this Court, per Kudirat Motonmori Olatokunbo...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

HOW TO FILE A PRELIMINARY OBJECTION

In response to the submissions of the learned counsel to the Appellant, the learned counsel to the Respondent in his brief of argument, argued at length what he termed a preliminary objection. It is noted that it was not headed as such and there was no Notice of the preliminary objection filed with the grounds...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

COUNSEL MUST SEEK TO ARGUE PRELIMINARY OBJECTION FIRST

It was after appellants’ counsel had argued his appeal that respondent’s counsel argued his preliminary objection. Where respondent gives notice of preliminary objection to an appeal and incorporates argument thereon in his brief of argument, he is required to seek leave of Court to argue the objection before appellant’s counsel adopts his brief of argument....

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

WHERE NO AFFIDAVIT SUPPORTS PRELIMINARY OBJECTION

The defendant in filing its preliminary objection did not file any affidavit in support, which effectively made its preliminary objection one of law.

— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022

Was this dictum helpful?

IT IS A FUNDAMENTAL BREACH NOT TO DETERMINE A PRELIMINARY OBJECTION

per Rhodes-Vivour JSC in Isaac Obiuweubi v Central Bank (2011) 7 NWLR Part 1247 Page 465 at 494 Para D-F, and cited with approval in James v INEC Supra, “Any failure by the Court to determine any preliminary objection or any form of challenge to its jurisdiction is a fundamental breach which renders further steps...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

IF FACTS ARE RAISED IN PRELIMINARY OBJECTION, AN AFFIDAVIT MUST BE FILED

Reach more audience. Place advert here.

Was this dictum helpful?

AFFIDAVIT SHOULD BE FILED WHERE THERE ARE ISSUES OF FACTS IN PRELIMINARY OBJECTION

Was this dictum helpful?

MOTION ON NOTICE, NOT PRELIMINARY OBJECTION, IS THE PROPER PROCESS TO CHALLENGE SOME GROUNDS OF APPEAL

HOW TO FILE A PRELIMINARY OBJECTION

COUNSEL MUST SEEK TO ARGUE PRELIMINARY OBJECTION FIRST

WHERE NO AFFIDAVIT SUPPORTS PRELIMINARY OBJECTION

Was this dictum helpful?

IT IS A FUNDAMENTAL BREACH NOT TO DETERMINE A PRELIMINARY OBJECTION