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WHERE NO AFFIDAVIT SUPPORTS PRELIMINARY OBJECTION

Dictum

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

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PRELIMINARY OBJECTION WILL BE CONSIDERED FIRST

It is trite law now that where a Notice of Preliminary Objection is filed and moved before a court of law, the court is duty bound to consider the Preliminary Objection before venturing into the main or cross-appeal, as the case may be. See: AGBAREH and ANOR v. MIMRA and ORS, (2008) 1 SCNJ. 409,...

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FILING A PRELIMINARY OBJECTION – WHAT TO DO?

All that a Respondent intending to rely upon a preliminary objection challenging the hearing of an appeal on the ground that it is incompetent need do is to file a notice of preliminary objection giving notice of the ground of objection to the Appellant and incorporating the arguments thereon in the Respondent’s brief to afford...

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ESSENCE OF PRELIMINARY OBJECTION

This is more so as the whole essence of preliminary objection is to foreclose hearing the appeal. – Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007) Was this dictum helpful? Yes 0 No 0...

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A PRELIMINARY OBJECTION RENDERS FURTHER PROCEEDINGS UNNECESSARY

A Preliminary Objection is an objection that if upheld, would render further proceedings before a Court impossible or unnecessary – Black’s Law Dictionary, 9th Ed. See also Akpan V. Bob (2010) 17 NWLR (Pt. 1223) 421, wherein this held – An objection in law portrays a formal opposition of an objector against the happenings of...

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