APPELLATE PRACTICE — Preliminary Objection — Filing and Service — Three Clear Days Notice Required
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Contract Resource Nig. Ltd & Anor v. UBA Plc (2011) NLC-123-292-2003(SC) at p. 1; Paras D—E:
"Order 2 Rule 9 of the Supreme Court Rules provides for the filing of preliminary objections. The fundamental requirement is that the preliminary objection must be filed and served on the appellant three days before the hearing of the appeal thereby removing the element of surprise and giving the appellant enough time to respond."
Explanation / Scope
This principle establishes that under Order 2 Rule 9 of the Supreme Court Rules, a preliminary objection must be filed and served three clear days before the hearing, removing surprise and allowing response. The principle applies where objections are raised. It ensures that objections are properly notified. The principle reflects the procedural requirements. It prevents surprise. The court must require compliance. The principle provides guidance on preliminary objections.