CIVIL PROCEDURE — Jurisdiction — Preliminary Objection Raising Point of Law
Ratio Decidendi
Per Ogbuagu, JSC, in Ntuks & Ors v. NPA (2007) NLC-123-190-2003(SC) at p. 13; Paras D–E:
"It is firmly settled in a number of decided authorities, that a point of law, can be raised on a Preliminary Objection by a party to a suit, if the point of law, will be decisive of the whole litigation."
Explanation / Scope
The principle governs the use of preliminary objections in civil procedure. A preliminary objection is a challenge to the competence of the action or the jurisdiction of the court based on a point of law. It is permissible only where the point raised is fundamental and, if upheld, would finally dispose of the entire suit without the need for a full trial. The objection must not raise disputed facts requiring evidence; it must be grounded on clear and unambiguous legal issues, such as lack of jurisdiction, statute-barred action, or res judicata. The principle ensures that frivolous or incompetent suits are disposed of expeditiously, saving time and costs. The court will not entertain preliminary objections that require delving into factual disputes.