MUHAMMAD v. SULEIMAN (2024) LPELR-61695(CA)
Issue
PRACTICE AND PROCEDURE – PRELIMINARY OBJECTION –
When a Preliminary objection should be filed and when a Motion on notice would suffice
“The law is settled that where a Respondent complains of the competency of a ground of appeal, and the other grounds are in order, and can sustain the appeal, the Respondent ought to file a motion on notice to strike out the incompetent grounds and not a preliminary objection.
But where the Respondent is satisfied that there is some fundamental defect in the Appellant’s process which is capable of terminating an appeal in limine, the appropriate procedure is to file a preliminary objection. ODUNUKWE V. OFOMATA (2010) 18 NWLR (PT. 1225) 404, NEPA V. ANGO (2001) 15 NWLR (PT. 737) 621 and AFOLABI V. STATE (2022) 2 NWLR (PT. 1814) 201 at 223.” Per MUHAMMED LAWAL SHUAIBU, JCA (Pp 5 – 6 Paras F – C)
✍️ C.K. ANYANWU ESQ
PUBLICITY SECRETARY,
NBA-ABA, BRANCH.