The 2nd Defendants short of their arguing that these exhibits were wrongly admitted and that the court had power to expunge wrongly admitted evidence the Defendants did not advance any reason for their objection. This objection is therefore considered abandoned.
— E.N. Agbakoba, J. Igenoza v Unknown Defendant (2019) – NICN/ABJ/294/2014
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For the umpteenth time, the essence of a preliminary objection is to terminate an appeal in limine. Any objection to a ground or some grounds of appeal, not the entire appeal, is by way of motion on notice which could be argued in the brief vide Okereke v. James (2012) 16 NWLR (Pt. 1326) 339...
In line with the trite position of law as restated by the Supreme Court in FIRST BANK v T.S.A. INDUSTRIES LTD (2010) LPELR-1283(SC) at page 13, paras. B E, I shall first consider and determine the Respondents’ objections to the competence of the Petition and the Petitioners’ Replies, or the listed paragraphs thereof, before determining...
It is also the law, in the latter case, where a party fails to object to the admission of inadmissible evidence, at the trial, he cannot be allowed to raise an objection at the appeal stage unless the evidence was absolutely legally inadmissible, see Igbodim v Obianke (supra). — Musdapher, JSC. Shittu & Ors. v...
The appropriate time for the Appellant, through his Counsel, to raise objection to the admissibility of Exhibit A, either on the ground of Illiterates (Protection) Law or on the ground of the Appellant’s inability to understand, speak or understand English Language was at the time the prosecutor sought to tender Exhibit A as evidence. The...
Even if it can be argued, though wrongly, that the suit ought to have been commenced by means of a judicial review, the Appellants did not raise this at the earliest opportunity at the trial Court. In other words, where an action is commenced by an irregular mode, it is trite law, that a party...
A counsel has to take a definite stand. He cannot sit on the fence as the law does not permit such a thing. He must make his view known before the case is fixed for judgment. What is open to a counsel when a document is tendered by the other party is to raise an...
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