CIVIL PROCEDURE — Preliminary Objection — Notice of Preliminary Objection Not Moved at Hearing Is Deemed Abandoned
Ratio Decidendi
Per Fabiyi, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at p. 12; Paras D—E:
"The notice of preliminary objection which was not moved at the hearing of the appeal must be deemed as having been abandoned."
Explanation / Scope
This principle establishes that a notice of preliminary objection not moved at the hearing is deemed abandoned. The principle applies where objections are not argued. It ensures that abandoned objections are not considered. The principle reflects the need to move objections. It prevents parties from relying on unmoved objections. The court must treat the objection as abandoned. The principle provides guidance on preliminary objections.