Any Process Filed in Court but not Pursued is deemed Abandoned
It is a cardinal principle of law that any process that is filed in court, and which the party who has filed it has not deemed it necessary to pursue, either by taking further steps or doing certain things like moving the court, in compliance with requirements of the law, as in this case, the court will be correct to assume that the process has been abandoned by the party, and so deem the said process as duly abandoned. (In this case the preliminary objection). See Tiza v. Begha 2005 15 NWLR part 949 page 616, Okolo v. U.B.N. Ltd 1990 2 NWLR part 539 page 618, Salami v. Muhammed 2000 9 NWLR part 673 page 469, and Ajide v. Kelani 1985 3 NWLR part 12 page 248.
Per A. M. MUKHTAR, J.S.C in CAREW V. OGUNTOKUN & ORS. (2011) 5 NWLR 376