LEGAL PRINCIPLE: APPELLATE PRACTICE — Preliminary Objection — Notice Requirement — Mandatory Three Clear Days’ Notice Before Hearing
PRINCIPLE STATEMENT
A party in the Court of Appeal having a preliminary objection against any of the grounds of appeal must give the appellant three days notice before the objection is heard. The notice can be given in the respondent's brief, but the party must ask the court for leave to move the notice before oral hearing commences; otherwise it will be deemed waived and abandoned.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Oforkire & Anor v. Maduike & Ors (2003) NLC-971995(SC) at p. 6; Paras D–E.
"A party in the Court of Appeal having a preliminary objection against any of the grounds of appeal must give the appellant three days notice before the objection is heard. The notice of preliminary objection can be given in the respondent's brief, but a party filing it, in the brief, must ask the court for leave to move the notice of objection before the oral hearing of the appeal commences. Otherwise it will be deemed to have been waived and therefore abandoned."
EXPLANATION / SCOPE
Three clear days’ notice is required before hearing a preliminary objection. The principle applies to appellate practice. Notice in the brief requires leave to move. The rule ensures fairness. Failure to comply may result in waiver. The principle is well-established.