CIVIL PROCEDURE — Waiver — Objection to irregularity — Requirement to raise within reasonable time
Ratio Decidendi
Per Onnoghen, JSC, in CNB v. Amao & Ors (2010) NLC-123-168-2007(SC) at p. 9; Paras A–B:
"An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document; judgment or order therein, shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step in the proceedings with leave of court by any interlocutory application, but the application may be raised in the defence."
Explanation / Scope
This principle establishes that objections to irregularities must be raised within a reasonable time and before taking fresh steps in the proceedings. The principle applies where a party seeks to challenge proceedings for irregularity. It ensures that objections are raised promptly. The principle reflects the doctrine of waiver. It prevents parties from delaying objections. The court must determine if the objection was timely. The principle provides guidance on the requirement for raising objections.