Supreme Court 23th June, 2006.
Justices: Sylvester Umaru Onu, JSC, Dahiru Musdapher, JSC
Mahmud Mohammed, JSC, Walter Samuel Nkanu Onnoghen, JSC, Ikechi Francis Ogbuagu, JSC
Subject Matter(s):
Preliminary Objection Filed Without Complying with Rules of Court is Liable to be Struck Out
Where the Court Cannot Decide a Preliminary Objection Without Evidence Being led, It Ceases to Be a Preliminary Objection
Preliminary Objection on Point of Law can only be Determined on the Statement of Claim
Issue of Jurisdiction Not Raised in the Lower Court not to be Raised Without Leave
Claimant’s Writ of Summons and Statement of Claim Determines Jurisdiction
Mandatory Rules of Court are Not as Sacrosanct as a Statute or Act
Defence Must Be Specifically Pleaded
Objection to jurisdiction
Section 16 of the Lagos state limitation law of 1994
Cause(s) of action
Rules of court/statutory provision
Preliminary objection
Point of law
Rules of interpretation of statute
Literal rule of interpretation
Final Order: Appeal Dismissed.