APPELLATE PRACTICE — Preliminary Objection — Notice in Respondent’s Brief — Validity of Procedure
Ratio Decidendi
Per ONNOGHEN, JSC, in Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC) at p. 6; Paras D–E:
"There is nothing wrong in the procedure where a respondent raises a preliminary objection to the appeal in their brief of argument, as the essence of giving notice of the objection either in the respondent's brief or by way of notice of preliminary objection is to notify the appellant of the existence of that objection and the grounds on which it is based so as not to take the appellant by surprise."
Explanation / Scope
This principle establishes that a preliminary objection may be validly raised in the respondent’s brief, as its purpose is to notify the appellant of the objection and its grounds to avoid surprise. The principle applies in appellate practice. It ensures that objections are properly notified. The principle reflects the need for fair notice. It prevents ambush. The court must consider the objection. The principle provides guidance on the procedure for raising preliminary objections.