PRACTICE AND PROCEDURE – PRELIMINARY OBJECTION – Best procedure where the purpose of an objection is merely to challenge the competence of some of the grounds of Appeal and not the competence of the entire appeal

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“It has been held severally by this Court that where the purpose of the objection is merely to challenge the competence of some grounds of appeal, the best procedure is by way of motion on notice, the reason being that the success of the objection would not terminate the hearing of the appeal. See: KLM Royal Dutch Airline vs Jemilat Aloma (2017) LPELR-42588 (SC) @ 6-7 A-D: Odunnukwe vs Ofomata (2010) 18 NWLR (Pt. 1225) 404 @ 423 F-C Ndigwe vs Nwude (1999) 11 NWLR (Pt. 626) 314. Where the objection will not fully dispose of the appeal, a preliminary objection is not the proper procedure. Where there are valid grounds that can sustain the appeal, the respondent is required to file a motion seeking to strike out the incompetent grounds of appeal. See:Kente vs Ishaku & Ors. (2017) 12 NWLR (Pt. 1578) 94: Bank of Industry Ltd. vs Awojugbagbe Light Ind. Ltd. (2018) LPELR-43812 (SC) @ 7-8 B-F: Adejumo vs Olawaiye (2014) 12 NWLR (Pt. 142) 252 @ 279.” Per KEKERE-EKUN, JSC (Pp 15 – 16 Paras F – D).

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