LEGAL PRINCIPLE: APPELLATE PRACTICE — Preliminary Objection — Moving the Court — Filing Without Oral Motion Renders Objection Abandoned
PRINCIPLE STATEMENT
Filing a process in court is different from arguing it in court. If a notice of preliminary objection is filed, counsel has a duty to move it. A court process which is not moved in court is as good as not filed
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Oforkire & Anor v. Maduike & Ors (2003) NLC-971995(SC) at p. 11; Paras B–C.
"Filing a process in court is different from arguing it in court. If a notice of preliminary objection is filed, counsel has a duty to move it to enable the court rule on it one way or the other. A court process which is not moved in court is as good as not filed, unless the process is not opposed by the respondent."
EXPLANATION / SCOPE
A preliminary objection must be moved in court. Filing alone is insufficient. The principle applies to appellate practice. Counsel must actively present the objection. The rule ensures that objections are properly considered. The principle is well-established.