meaning of preliminary objection

A preliminary objection as the name implies is an objection preliminary to the hearing of an appeal, hence a challenge to the competence of an appeal. It is a terminal legal weapon employed by counsel tot truncate even the most meritorious claims. The purpose of a preliminary objection to an appeal is to contend that the appeal is incompetent and fundamentally defective, which if it succeeds, would put an end to the appeal. Hence preliminary objections are inappropriate where even if they succeed will not terminate the appeal. A motion on notice should be used instead. NEPA v. Ango (2001) 15 NWLR (Pt.737) 627; Odunukwe v. Ofomata (2010) 18NWLR (Pt.1224)404; Mohammed v. Military Administrator Plateau State (2001) 18 NWLR (Pt.744)183