PRELIMINARY OBJECTION – NATURE OF
JURISDICTION – COMPETENCY OF COURT
“A preliminary objection to the hearing of an election petition appeal may be raised on the ground that this court has no jurisdiction to hear the appeal or that time within which to hear a matter had since run out” PER RHODES-VIVOUR JSC
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PRACTICE AND PROCEDURE
PRACTICE AND PROCEDURE – JURISDICTION – STAY OF EXECUTION – APPEAL – PRELIMINARY OBJECTION
“It is trite law that a court is bound to take judicial notice of all the processes filed in a matter before it as the instant supplementary record” Per C. M. Chukwuma-Eneh J.S.C.
“It is trite that where the substantive matter from which any other applications or appeals stem has been struck out or dismissed as the case may be then the said other applications or appeals on whatever based are liable to be struck out or dismissed equally, since the livewire connecting the two causes has been severed and there is no way those applications or appeals can survive it independently”. Per C. M. Chukwuma-Eneh J.S.C.
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