APPELLATE PRACTICE — Preliminary Objection — Effect of Sustained Objection on Appeal

The principle governs the procedural consequence of a successful preliminary objection. A preliminary objection challenges the competence of the appeal on a point of law. If the objection is upheld, the appeal is incompetent, and the court lacks jurisdiction to entertain it. The court will therefore not proceed to consider the substantive issues raised in the appeal, as the foundation of the appeal has been destroyed. The appeal is struck out or dismissed, depending on the nature of the objection. The principle saves judicial time and resources by disposing of incompetent appeals at the threshold. It prevents the court from delving into the merits of an appeal that is fundamentally defective. The court will only consider the substantive issues if the preliminary objection fails. The principle ensures that procedural compliance is enforced before the merits are addressed.