LEGAL PRINCIPLE: CIVIL PROCEDURE — Issue Formulation — Consent of Parties to Determination of Preliminary Issue Binding
PRINCIPLE STATEMENT
Where parties consent to a particular issue being determined as a preliminary issue, they are bound by that approach and cannot later resile from it. The court correctly adjudicates what transpired between counsel based on their agreement.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ibori v. Agbi & Ors (2004) NLC-972003(SC) at pp. 22–23; Paras C–A.
"The sole issue was whether exhibit 'A' was a conviction of the person mentioned therein... It is clear in my humble view, that that court correctly adjudged what transpired between the court below and the learned counsel who appeared... Clearly therefore the approach of parties to this case before the lower court was to determine first whether or not exhibit 'A' could be evidence of conviction. It was not directed at showing in the first instance that the 5th defendant was the person convicted. Parties would appear to have reserved that for sometime later in the proceedings if the lower court decided that exhibit 'A' was good enough to be relied upon as evidence of conviction."
EXPLANATION / SCOPE
Parties are bound by their agreement on the procedure for determining preliminary issues. The principle applies to civil procedure. The court will enforce the parties’ chosen approach. The rule prevents a party from changing strategy after an adverse ruling. The parties’ consent is binding. The principle is well-established.