How to file a notice of preliminary objection when on appeal

Whenever a respondent does not file a separate notice of preliminary objection to the hearing of an appeal giving three clear days'notice thereof beforethe hearing but merely incorporates the preliminary objection in the respondents'brief of arguement. It is imperative on the respondent to move the court to takethe preliminary objection first before proceeding to the main appeal. See: Tiza v. Behga (2005)15NWLR (pt.949)616

But where the respondent does not apply for or seek leave of court before hearing of an appeal to move his preliminary objection automatically becomes and shall be deemd abandoned

Documentary evidence

Where there is oral as well as documentary evidence on an issue of fact the documentary evidence would be used as a hanger to assess the oral testimony. See Abatan v. Awudu (2004)17NWLR (pt.902)430; Kimdey v. Gov; Gongola State (1988)2NWLR (Pt.77)445

JOINDER OF PARTIES

Although courts have always been reluctant to allow the joinder in the cases where joinder is sought by the defendants against the wishes of the plaintiff and without the consent of the person sought to be joined i.e Where the joinder is not being sought by an intervener or by the plaintiff in the action

RIGHT OF FINAL ADDRESS WHO HAS IT?

The party that addresses first has the final right to reply on points of law- no more,no less,and a party shall not be allowed to have a second bite at the cherry

N.B. The rules governing brief writing do not differ in that respect

Plea of estoppel

Plea of estoppel operates not only against the parties but also against the jurisdiction of the court itself and robs the court of its jurisdiction to entertain same cause of action on the same issues previously determined by court of competent jurisdiction between the same parties.See Lawal v. Dawodu (1972) 1 All NLR (pt.2)270 Oshodi v. Eyifunmi (2000)13NWLR(pt. 684)298

REVERSAL OF JUDGMENTS: A RARE POSSIBILITY?

It is not every error of the trial court that will lead to a reversal of its judgment.It is only those mistakes that have been shown to have affected or influenced the decision appealed against that will result in the appeal being allowed. See F.B.N v. Offih (2004)5NWLR (pt.867)540

Sentencing

The sentencing power of a judge is predicated on his discretionary powers,which must be seen to have been exercised judicially or judiciously.See Isang v. State (1996)7NWLR (pt.473)458

N.B. HOW DO YOU DETERMINE THIS DISCRETION?