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Subject Matter Index

Browse cases by legal subject matter and principles

Conditions that a respondent intending to raise preliminary objection to the hearing of an appeal must fulfil

2 cases

Distinction between raising a preliminary objection against an appeal and raising an objection against ground of appeal

1 case

Effect of a preliminary objection directed at a ground of appeal or an issue for determination

2 cases

Effect of a preliminary objection directed at the competence of action filed by the Appellants before the lower Court

1 case

Effect of a preliminary objection in respect of which no filing fee has been paid

2 cases

Effect of a preliminary objection to other preliminary objections

1 case

Effect of a preliminary objection without giving adequate notice

3 cases

Effect of failure by an Appellant to respond to a notice of preliminary objection to the appeal

1 case

Effect of failure of an appellant to respond to a preliminary objection

1 case

Effect of failure of a respondent who incorporated a notice of preliminary objection in his brief to move the court on the objection

2 cases

Effect of failure of respondent to file a notice of preliminary objection prior to raising the objection in the respondent's brief

2 cases

Effect of failure of the respondent to give notice of his preliminary objection

7 cases

Effect of failure of the respondent to give prior notice of his preliminary objection to the appellant or seek leave of court to move the objection

1 case

Effect of failure of the respondent to give three clear days notice before the hearing of the preliminary objection

3 cases

Effect of failure of the respondent to seek leave to argue his preliminary objection

1 case

Effect of failure to advance arguments in respect of a preliminary objection

2 cases

Effect of failure to comply with the procedure for raising a preliminary objection in the respondent's brief

1 case

Effect of failure to comply with the rules relating to preliminary objections

3 cases

Effect of failure to formally obtain leave of court to move the preliminary objection before the substantive appeal is argued

3 cases

Effect of failure to give notice of a preliminary objection where it is raised in the respondent's brief

1 case

Effect of failure to move or argue a preliminary objection

3 cases

Effect of failure to proffer arguments in support of a preliminary objection

1 case

Effect of failure to raise a preliminary objection by way of motion on notice

1 case

Effect of failure to serve notice of preliminary objection

2 cases

Effect of filing a preliminary objection against some grounds of appeal; the proper process to file

1 case

Effect of preliminary objection to the competence of an appeal

2 cases

Effect of the success of a preliminary objection

1 case

Effect of the success of a preliminary objection at the Court of Appeal

1 case

Effect of the success of a preliminary objection that challenges the competence of an appeal

8 cases

How a preliminary objection should be raised and filed

1 case

How notice of a preliminary objection may be given

1 case

Meaning of a preliminary objection

2 cases

Method of raising a preliminary objection on appeal

5 cases

Mode of raising a preliminary objection at the Court of Appeal

3 cases

Nature of a preliminary objection at the hearing of an appeal

5 cases

Nature of objection that would qualify as a preliminary objection on appeal

1 case

Need for a preliminary objection to be clear and not vague

1 case

Need for notice of preliminary objection to be given to the appellant

2 cases

Need for preliminary objection attacking the competence of an appeal to be resolved first before going into the merit of the appeal

2 cases

On how a preliminary objection should be treated

1 case

Options open to a respondent who intends to raise an objection

2 cases

Position of the law where a preliminary objection challenges the competence of an appeal

3 cases

Position of the law where a Respondent intends to rely on a preliminary objection to the hearing of an appeal

3 cases

Procedure for raising a preliminary objection

3 cases

Procedure to be followed where a preliminary objection is raised in the respondent's brief

2 cases

Propriety of arguing a preliminary objection and making the same issue and argument the subject of an issue for determination

1 case

Purpose of a preliminary objection

30 cases

Purpose of filing a notice of preliminary objection

4 cases

Purpose of giving notice of a preliminary objection

1 case

Purpose of preliminary objection to the hearing of an appeal

9 cases

The essence of the rule requiring the formal filing of a notice of preliminary objection

2 cases

The length of notice required to be given in respect of a preliminary objection

1 case

The position of the law where a preliminary objection succeeds in respect of some issues for determination in an appeal

1 case

The principle that a preliminary objection raised on appeal must be resolved before the hearing of the substantive appeal

12 cases

The propriety of allowing a preliminary objection to determine the main appeal prematurely

1 case

The propriety of filing a counter-affidavit to a notice of preliminary objection

1 case

The propriety of filing an objection against arguments advanced in the brief of argument

1 case

The propriety of filing a preliminary objection to allow fresh evidence to be led

1 case

The propriety of using a preliminary objection to attack a ground or some grounds of appeal

17 cases

The rule that a preliminary objection must be resolved first

28 cases

The rule that a preliminary objection on appeal must be filed against the hearing of an appeal and not against one or more grounds of appeal

10 cases

The rule that the respondent must seek for leave to argue a preliminary objection before commencement of hearing of the appeal

1 case

What a preliminary objection to the hearing of an appeal entails

1 case

When a preliminary objection can be properly taken against the hearing of an appeal

1 case

When a preliminary objection should be filed

1 case

Whether a formal notice of preliminary objection is necessary where the issue is one of jurisdiction

1 case

Whether a motion on notice seeking to terminate the life of an appeal is incompetent because it is not brought as a notice of preliminary objection

1 case

Whether an appellant can challenge a decision by filing and arguing a preliminary objection

1 case

Whether an appellant can file a notice of preliminary objection for the purpose of objecting to an issue raised in a Respondent's Brief of Argument

1 case

Whether an appellant can respond to a preliminary objection by way of a reply brief

1 case

Whether an appellate court can determine a matter on its merits before giving a deci­sion on a preliminary objection on jurisdiction

1 case

Whether an objection to jurisdiction on appeal can be raised without a preliminary objection

1 case

Whether an objection to the issues set forth for determination in the respondent's brief can be raised in the appellant's reply brief

1 case

Whether a notice of preliminary objection may be validly raised to question either the competence of an appeal or an issue raised for determination

1 case

Whether a notice of preliminary objection must stipulate the order under which it is brought

1 case

Whether a notice of preliminary objection not moved is deemed abandoned

1 case

Whether a point of law can be raised on a preliminary objection

2 cases

Whether a preliminary legal objection is necessary where the appellant files a process outside the time limits allowed by the court without leave of court

1 case

Whether a preliminary objection argued in a brief but which the respondent failed to formally adopt is deemed abandoned

1 case

Whether a preliminary objection can be a manner, mode or method of proffering arguments on an issue or issues

1 case

Whether a preliminary objection can be argued as an issue for determination

1 case

Whether a preliminary objection can be raised at any point or at any stage of the appeal

1 case

Whether a preliminary objection can be raised at any time before an appeal is taken

1 case

Whether a preliminary objection can be raised in the body of the argument of an issue

1 case

Whether a preliminary objection can be raised in the form of an issue for determination

2 cases

Whether a preliminary objection can be raised in the respondent's brief

5 cases

Whether a preliminary objection can be raised in the respondent's brief and the proper procedure to follow in such circumstance

7 cases

Whether a preliminary objection can be raised to direct the court on how to determine the status of a ground of appeal

2 cases

Whether a preliminary objection can be validly filed against the competence of a party's brief

2 cases

Whether a preliminary objection can be validly filed to challenge the competence of some grounds of appeal

1 case

Whether a preliminary objection forecloses a party from taking steps to regularize his position

1 case

Whether a preliminary objection is an objection to the merit of an appeal

1 case

Whether a preliminary objection is part of an appeal

1 case

Whether a preliminary objection is proper where there are other competent grounds which can sustain an appeal

1 case

Whether a preliminary objection needs to be supported by an affidavit

4 cases

Whether a preliminary objection not filed within a reasonable time will be discountenanced by the court

1 case

Whether a preliminary objection should be filed to challenge a ground of appeal

6 cases

Whether a preliminary objection that is not responded to by the appellant would be automatically upheld by the court

1 case

Whether a respondent can object to processes filed by the appellant

1 case

Whether a respondent can raise and argue an objection not contained in the notice of preliminary objection

1 case

Whether a respondent can raise a preliminary objection against the competence of the appellant's suit in the lower court

1 case

Whether a respondent who has filed his brief waives any right to raise a preliminary objection

1 case

Whether a Respondent who has incorporated argument in respect of this preliminary objection into his brief of argument must seek for the leave of the Court to move the preliminary objection before the hearing of the appeal

1 case

Whether a respondent who raised a preliminary objection in his brief is required to argue the notice of objection at the hearing of the appeal

1 case

Whether arguments in the substantive appeal need to be considered where a preliminary objection succeeds

1 case

Whether it is necessary to proffer arguments in support of a preliminary objection bordering on jurisdiction

1 case

Whether it is proper for a respondent to file a preliminary objection before the appeal is ripe for hearing

2 cases

Whether it will be necessary to consider the arguments in support of the issue or issues for determination where a preliminary objection succeeds

2 cases

Whether leave is required to argue a preliminary objection Incorporated in a brief of argument and effect of failure to do so

3 cases

Whether leave of court is necessary to file a preliminary objection where the appellant is put on notice before the hearing of an appeal

1 case

Whether notice of a preliminary objection is required to be given where the respondent incorporates the notice in his brief

3 cases

Whether or not an issue that requires the production of evidence can be determined as preliminary issue

1 case

Whether preliminary objection filed to challenge a ground of appeal is incompetent

1 case

Whether raising a preliminary objection to the hearing of an appeal is distinct from the hearing of a motion

1 case

Whether raising of a preliminary objection is synonymous with raising fresh issues on appeal

1 case

Whether the appellant can complain of lack of notice where the preliminary objection is raised in the respondent's brief

1 case

Whether the appellate court can discountenance a preliminary objection raised in the respondent's brief without giving the required notice where the appellant responded to the objection

2 cases

Whether the court will allow a preliminary objection on a point of law

1 case

Whether the fact that the respondent has filed a preliminary objection precludes the appellant from taking steps to correct procedural errors

1 case

Whether the failure to file a formal notice of preliminary objection is fatal

2 cases

Whether the filing of preliminary objection showing errors in the process of an appeal will prevent the appellant from applying to correct the errors

1 case

Whether the issue of jurisdiction can be raised by a preliminary objection

1 case

Whether there is a difference between a preliminary objection and an issue for determination

2 cases

Whether the respondent can attack the appellant's issues by stating his objection as an aside under his sole issue for determination in his Brief of argument

1 case

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