LEGAL PRINCIPLE: CIVIL PROCEDURE – Appeals – Preliminary Objection – Ground of Appeal – Preliminary Objection Must Relate to Ground of Appeal
PRINCIPLE STATEMENT
The appellant was perfectly justified in discussing this issue in paragraph 9.0 at p. 16 of his brief. This objection is therefore overruled.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in A.C.B. Ltd. & Ors v. Apugo (2001) NLC-1651995(SC) at p. 19; Paras D–E.
"The appellant was perfectly justified in discussing this issue in paragraph 9.0 at p. 16 of his brief. This objection is therefore overruled."
EXPLANATION / SCOPE
A preliminary objection must relate to the competence of the appeal or the grounds of appeal—not merely challenge how the appellant argued an issue. If the appellant discusses an issue that flows from a valid ground of appeal, the objection is without merit. The respondent cannot use a preliminary objection to shut out legitimate arguments properly grounded in the appeal. The court examines whether the challenged discussion falls within the scope of the grounds filed. If so, the objection fails. This prevents abuse of preliminary objections to truncate legitimate appellate arguments. The objection must challenge jurisdiction or competence, not mere presentation.