Preliminary Objection (171)
PRELIMINARY OBJECTION - Effect of the success of a preliminary objection to the hearing of an appeal
HELD:
"In AFRIBANK NIG. PLC VS. AKWARA ?(2006) LPELR - 199 (SC), this Court reiterated the trite doctrine that:
HELD:
"Indeed, the law is trite, that an application by way of preliminary objection for the striking out of an appeal in limine may be on points of law, and when there are no facts in dispute to determine such objection.
HELD:
"The mode of raising a preliminary objection has been firmly settled. It may be incorporated and argued in the Respondent's brief by a formal separate notice or written objection or both.
HELD:
"Arguably, the term, preliminary objection, could originally be traced to International Law Practice and Procedure.
HELD:
"First, it is pertinent to note that the Appellant did not file any reply brief in response to the 1st - 3rd Respondents' objection to the competence of the appeal.