APPELLATE PRACTICE ā Competence of Appeal ā Effect of Sustained Preliminary Objection
Ratio Decidendi
Per Ogbuagu, JSC, in Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC) at p. 9; Paras EāC:
"Where a Preliminary Objection succeeds, there would be no need to go further to consider the arguments in support of other issue or issues for determination. The Preliminary Objection, was so fundamental and indeed, went to the root of the whole appeal and so, with the said decision of the court below, no appeal existed."
Explanation / Scope
A successful preliminary objection disposes of the entire appeal. The principle applies to appellate practice.