CIVIL PROCEDURE — Preliminary Objection — Purpose — Termination at Infancy
Ratio Decidendi
Per Muhammad, JSC, in Efet v. INEC & Ors (2011) NLC-123-207-2009(SC) at p. 11; Paras B—D:
"The aim/essence of a preliminary objection is to terminate at infancy, or as it were, to nib it at the bud, without dissipating unnecessary energies in considering an unworthy or fruitless matter in a court's proceedings. It, in other words, forecloses hearing of the matter in order to save time."
Explanation / Scope
This principle establishes that the purpose of a preliminary objection is to terminate a matter at infancy, avoiding unnecessary expenditure of judicial energy and saving time. The principle applies in appellate and trial practice. It ensures that unworthy matters are disposed of early. The principle reflects the efficiency purpose of preliminary objections. It prevents waste of resources. The court must consider the objection. The principle provides guidance on preliminary objections.