CIVIL PROCEDURE — Preliminary Objection — Requirement of Evidence — Where Objection Turns on Facts, Objector Must Supply Affidavit Evidence
Ratio Decidendi
Per Peter-Odili, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at pp. 19—20; Paras E—A:
"Where a preliminary objection veers off the exclusive domain of law and flirts with facts of the case as in this instance where it needs verification whether or not the status of the parties or any of them was in question, therefore the objector must justify the objection by supplying the relevant facts in affidavit. The court cannot act on the objection without basis or in vacuo."
Explanation / Scope
This principle establishes that where a preliminary objection involves facts requiring verification, the objector must supply the relevant facts by affidavit. The principle applies where objections raise factual issues. It ensures that objections are supported by evidence. The principle reflects the need for evidentiary basis. It prevents courts from acting on objections without basis. The court must require affidavit evidence. The principle provides guidance on factual preliminary objections.