APPELLATE PRACTICE — Preliminary Objection — Novelty of Appellant Filing Preliminary Objection Against Respondent’s Brief
Ratio Decidendi
Per Muhammad, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at pp. 20—21; Paras E—A:
"I must observe however, that it appears a novelty where an appellant files a preliminary objection against 1st respondent's brief. A preliminary objection which normally stems from a respondent aims at challenging the competence of an appeal, with a view to nipping it in the bud. However, if it is the appellant that observes any thing wrong with the brief filed by a respondent, the door open to him is to file a reply brief in answer to that point."
Explanation / Scope
This principle establishes that it is novel for an appellant to file a preliminary objection against a respondent’s brief, as preliminary objections normally challenge the competence of an appeal. The proper course is to file a reply brief. The principle applies where objections are raised against briefs. It ensures that the correct procedure is followed. The principle reflects the proper use of preliminary objections. It prevents misuse of the procedure. The court must direct the appellant to file a reply brief. The principle provides guidance on preliminary objections.