APPELLATE PRACTICE — Preliminary Objection — Affidavit Evidence — When Necessary
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Contract Resource Nig. Ltd & Anor v. UBA Plc (2011) NLC-123-292-2003(SC) at p. 2; Paras A—C:
"Preliminary objections are usually on Law consequently no affidavit is necessary, but where the need to produce or rely on facts becomes necessary an affidavit ought to be filed. In this case the respondent filed a Notice of Preliminary objection supported by a 14 paragraph affidavit. In the circumstances an affidavit is necessary because there is reliance on facts, and facts have no views. They are sacred."
Explanation / Scope
This principle establishes that preliminary objections are usually on law and require no affidavit, but where reliance on facts is necessary, an affidavit must be filed. The principle applies where objections involve facts. It ensures that factual objections are supported by evidence. The principle reflects the requirements for preliminary objections. It prevents reliance on unsupported facts. The court must require an affidavit. The principle provides guidance on preliminary objections.