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.
N.B. 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 deemed abandoned.
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