CIVIL PROCEDURE — Preliminary Objection — Form and Procedure — Notice Must Give Three Clear Days and Set Out Grounds
Ratio Decidendi
Per Adekeye, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at pp. 6—7; Paras E—A:
"Order 3 Rule 15 (1) of the Court of Appeal rules 2007 enjoins a respondent intending to rely on a preliminary objection to the hearing of the appeal to give the appellant three clear days notice before the hearing, setting out the grounds of the objection and shall file twenty copies of the notice with the Registrar."
Explanation / Scope
This principle establishes that under Order 3 Rule 15(1) of the Court of Appeal Rules 2007, a respondent relying on a preliminary objection must give the appellant three clear days’ notice before the hearing, setting out the grounds and filing twenty copies with the Registrar. The principle applies where preliminary 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.