CIVIL PROCEDURE — Abandonment of Motion — Where Party Fails to Move Motion Before Hearing
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ibator & Ors v. Barakuro & Ors (2007) NLC-123-243-2001(SC) at pp. 13–14; Paras E–A:
"Where a party has adopted a procedure by consent, he will not be heard on appeal that the procedure he adopted is prejudicial to him or had occasioned a miscarriage of justice. From the record of the court below, there is no basis whatsoever for the appellants' complaint that the court below denied them fair hearing by failing to hear and determine their motion which was clearly abandoned by their counsel."
Explanation / Scope
A party who consents to a procedure cannot later complain that it was prejudicial. If a party fails to move a motion, it is deemed abandoned, and the court is not obliged to hear it. A party cannot claim denial of fair hearing for failure to determine a motion they did not pursue. This prevents parties from manufacturing grievances.