LEGAL PRINCIPLE: CIVIL PROCEDURE — Competing Motions — Priority of Motion to Regularise
PRINCIPLE STATEMENT
The practice has always been to give priority to hearing a motion seeking to regularise a process. That is the hallmark of a proper exercise of discretion. If the motion to regularise succeeds, other motions seeking to terminate the proceedings will be withdrawn, and in appropriate cases there will be compensation by way of costs.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mobil Producing Nigeria Unlimited & Ors v. Monokpo & Anor & Ors (2003) NLC-3202001(SC) at pp. 30–31; Paras D–A.
"The practice has always been to give priority to hearing such motion seeking to regularise a process. That is the hallmark of a proper exercise of discretion. If the motion to regularise succeeds, the other motions or motion seeking to terminate the proceedings will be withdrawn, and in appropriate cases there will be compensation by way of costs."
EXPLANATION / SCOPE
Motions to regularise processes take priority over motions to terminate. The principle applies to civil procedure. The court should hear regularisation first. The rule promotes efficiency and fairness. The party seeking termination can be compensated with costs. The principle is well-established.