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September 13, 2018 12:20 pm
"The essence of preliminary objection, as the name implies is to stop in limine the hearing of the appeal. In other words, that the reason marshaled out in support of the preliminary objection will dispense with the need to hear the appeal.
The Supreme Court, in the case of CHIEF D. S. YARO V AREWA CONSTRUCTION LIMITED (IN RECEIVERSHIP) & ORS (2007) 6 SCNJ, 418 @ 429 PAR. 25, per Chukwuma-Eneh JSC, opined thus:
This is more so as the whole essence of preliminary objection is to foreclose hearing the appeal and like question of jurisdiction, it is always best to take it first as it could result in saving valuable time - see: OKAFOR V NWUDE (1999) 7 SC (PT. 1) 106."
Per DANJUMA, J.C.A. IDIARHI v. POSI & ORS CITATION: (2018) LPELR-45033(CA)