Index
Pages | 1-58 |
INDEX
References are to paragraph numbers
Practice and Procedure 3
POSSESSION OF LAND
Can title to land be proved by acts of possession? 3960.
How to resolve conflicting claims to possession of land, 3961.
Summary procedure for recovery of possession of land, 3962.
PRACTICE DIRECTION
Limitation of the power of the president of the Court of Appeal to make rules on practice
direction, 3963.
Practice Direction, 3964.
PRE-ACTION NOTICE
Conditions precedent to bringing a suit must be complied with, 3965.
Constitutional right of access to Court is not taken away by pre-action notice, 3966.
Constitutionality of pre-action notice, 3967.
Failure to issue pre-action notice where it is prescribed by statute, 3968.
How objection on jurisdiction may be raised, 3969.
Pre-action notice, 3970.
PRECEDENT IN NIGERIAN COURTS
Pronouncements of a superior Court is binding on an inferior Court, 3971.
PRELIMINARY OBJECTION
A claimant must disclose that he has a right to bring the action for determination by the
Court, 3972.
A person can pre-emptorily have the case against him struck out or dismissed without
filing the statement of defence or go into trial, 3973.
Can counsel who had commenced argument in opposition to preliminary objection chal-
lenging competence of appeal, apply to withdraw the offending grounds of appeal?
3974.
Competence of appeal, 3975.
Consideration of preliminary objection, 3976.
Considering preliminary objection to an appeal, 3977.
Counsel to avoid raising preliminary objection indiscriminately, 3978.
Court has a discretion to refuse to listen to a preliminary objection taken orally, 3979.
Court’s duty to dispose of preliminary issue first where raised, 3980.
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Deciding a preliminary objection to an application before the Court, 3981.
Determination of facts at interlocutory stage on issues dealing with substantive matter,
3982.
Determination of preliminary issue before action is heard on the merits, 3983.
Failure of respondent objecting to competence of appeal to give notice of preliminary
objection, 3984.
Filing an affidavit in support of a notice of preliminary objection, 3985.
How preliminary objection is raised under the Court of Appeal Rules, 3986.
Implication of preliminary objection, 3987.
Merit of raising preliminary objection on point of law, 3988.
Motion on notice where preliminary objections are raised on points of law need not be
supported by an affidavit, 3989.
Nature of an arguable objection, 3990.
Nature of preliminary objection that can be raised, 3991.
Necessity of filing pleadings before preliminary objection is taken, 3992.
Notice of preliminary objection under Order 3 rules 15 of the Court of Appeal rules, 3993.
Object of a notice of preliminary objection, 3994.
Objection on point of law, 3995.
Onus on applicant where Court or a Judge may order any pleading to be struck out on
the ground that it discloses no reasonable cause of action under Order 22 rule 4 of the
High Court of Lagos State (Civil Procedure) Rules, 3996.
Pleadings will not be struck out unless it is so defective that no legitimate amendment
can save it, 3997.
Point of law raised may be disposed of at the close of the pleading or shortly after then,
3998.
Preliminary objection must be based on documents already before the Court, 3999.
Preliminary objection can be raised in the respondent’s brief of argument, 4000.
Preliminary objection cannot be raised in a memorandum of appearance, 4001.
Preliminary objection filed but not moved, 4002.
Preliminary objection in respect of which no argument was canvassed, 4003.
Preliminary objection must be argued before the main appeal, 4004.
Preliminary objection on point of law, 4005.
Preliminary objection raised on appeal must be resolved before the hearing of the sub-
stantive appeal, 4006.
Preliminary objection raised to the effect that statement of claim does not join the issues,
4007.
Preliminary objection should be argued first before the main appeal, 4008.
Preliminary objection to an appeal being regarded as abandoned, 4009.
Preliminary objection under Order 22 rule 4 of the Lagos State (Civil Procedure) Rules,
4010.
Preliminary objection, 4011.
Preliminary trial of issues, 4012.
Presenting preliminary objection at the beginning of the hearing of appeal, 4013.
Principles governing preliminary objection with particular reference to Order 7 rule 14
Supreme Court rules, 4014.
Procedure for raising a preliminary objection in a case on appeal, 4015.
References are to paragraph numbers
{2} Practice and Procedure 3 Vol. 17 Pt. III : Index
Procedure for raising preliminary objection to competence of an appeal, 4016.
Procedure for treatment of preliminary objection, 4017.
Procedure to follow where a respondent to a motion on notice files a preliminary objec-
tion to a motion, 4018.
Proper time to raise preliminary objection to appeal, 4019.
Proper way to raise objection to an appeal, 4020.
Purpose of giving notice of preliminary objection, 4021.
Raising preliminary objection at the beginning of the hearing of appeal, 4022.
Raising preliminary objection in brief of argument, 4023.
Raising preliminary objection in the Court of Appeal, 4024.
Raising preliminary objection to an action under the High Court of Kwara State (Civil
Procedure) Rules, 1989, 4025.
Raising preliminary point of law, 4026.
Rationale for preliminary objection, 4027.
Relevance of pleading in determining preliminary objection, 4028.
Required notice must be given to the appellant to notify him of any preliminary objection
to the hearing of the appeal, 4029.
Should a party making a preliminary objection swear to an affidavit? 4030.
Statement of defence can also be struck out if fact alleged cannot find a defence, 4031.
Support of preliminary objection by an affidavit, 4032.
Supreme Court’s attitude to procedure for raising preliminary objection on appeal, 4033.
What party raising preliminary objection must do, 4034.
When and how preliminary objection on point of law can be raised, 4035.
When and how to raise preliminary objection in a suit, 4036.
When Court may take preliminary objection, 4037.
When formal notice of preliminary objection is unnecessary, 4038.
When motion for preliminary objection on matters alleged in the statement of claim
should be brought, 4039.
When pleading can be said to disclose no cause of action, 4040.
When preliminary objection can be heard, 4041.
When preliminary objection to application can be overruled, 4042.
When preliminary objections may be raised, 4043.
When the defect of pleading is curable the Court may merely strike it out and not enter
a judgment against party pleading it, 4044.
When the Supreme Court will not allow a preliminary objection to stultify the hearing of
an appeal, 4045.
When to raise preliminary objection in a suit, 4046.
Where a preliminary objection to a suit is founded on lack of jurisdiction, 4047.
Wherever performance of an action in legal proceedings is predicated by the fulfillment
of certain condition, the adverse party is entitled to raise preliminary objection, 4048.
PRELIMINARY POINT OF LAW
Raising preliminary point of law under Order 29 of the High Court Civil Procedure of
Eastern Nigeria, 4049.
Use of preliminary objections and interlocutory applications, 4050.
References are to paragraph numbers
Vol. 17 Pt. III : Index Practice and Procedure 3 {3}
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