PRINCIPLE STATEMENT

It would be manifestly absurd to require a court to take lengthy evidence where it appears that the entire suit can be decided upon the pleadings without any evidence being called; preliminary objections raising pure points of law should be determined without evidence.

RATIO DECIDENDI (SOURCE)

Per Karibi-Whyte, JSC, in Adigun v. Ayinde & Ors (1993) NLC-2801988(SC) at pp. 20-21; Paras A--B.
"It would be manifestly absurd to suggest that a court should take lengthy evidence of the parties to a suit where it appeared that the whole suit could be decided upon the pleadings without any evidence being called."
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EXPLANATION / SCOPE

This principle addresses the efficiency and logic of deciding preliminary objections that raise pure questions of law determinable from the pleadings alone. Certain issues can and should be resolved at the threshold without proceeding to full trial: (1) Jurisdictional challenges—does the court have subject matter or territorial jurisdiction?; (2) Limitation defenses—do pleadings show the claim is time-barred?; (3) Capacity issues—does the plaintiff have standing or capacity to sue?; (4) Res judicata—do pleadings show the matter has been finally determined?; (5) Failure to disclose a cause of action—do pleadings show any actionable claim?; (6) Statutory bars—do pleadings reveal compliance with conditions precedent? Where these issues can be determined from the face of pleadings and perhaps undisputed documents, taking evidence would be wasteful and “manifestly absurd.” Courts should not conduct full trials when legal analysis of pleadings alone resolves the case. The principle serves important purposes: (1) Judicial efficiency—avoiding unnecessary trials saves court time and resources; (2) Cost reduction—parties avoid expensive evidence gathering and trial preparation for cases doomed to fail; (3) Prompt resolution—legal issues are decided quickly rather than after protracted trials; (4) Clarity—fundamental legal defects are identified before investing in full proceedings. The procedure for preliminary objections allows defendants to raise these issues before or during trial. If the objection raises pure law determinable from pleadings, the court decides it summarily. If the objection requires factual findings, it may be deferred pending evidence or converted to a trial issue. The principle requires careful analysis to distinguish: (1) Pure law questions determinable from pleadings—decide immediately without evidence; (2) Mixed law/fact questions requiring evidence—defer or proceed to trial; (3) Issues dependent on disputed facts—cannot be decided as preliminary matters. Courts must not use preliminary objections to decide factual disputes without proper evidence. But where pleadings alone doom the claim, efficiency demands summary dismissal rather than proceeding to trial whose outcome is predetermined by legal defects apparent from pleadings.

CASES APPLYING THIS PRINCIPLE