Difference between Preliminary Objection and Issues for Determination – Saheed Afeez Ayinde – deemlawful
Crystal clear is the profession of Law to the extent of the usage of words. The wordings of this profession must be carefully used for the successful landing of litigations before the court of law. In essence, Difference between Preliminary Objection and Issues for Determination had been painstakingly dissected by the Learned superman in this Case.
The Appellant is right; there is a marked difference between a Preliminary Objection and Issues for Determination. This Court, per Chukwuma-Eneh, JSC, termed them “strange bedfellows” in Odunze V Nwosu(2007) 13 NWLR (Pt1050) 1, wherein he said that:
Issue for determination and preliminary objection under our Rules, do not have a common meeting ground.
Preliminary objection strictly speaking runs counter to the intendment of issues for determination in the claims before the Courts in the sense that it aborts, indeed forecloses hearing of the case in limine and if upheld, terminates the case; it automatically puts an end to the case without determining the rights of the Parties while issue for determination presupposes that the case is, all things being equal, on course for the hearing An issue for determination is a combination of facts and the law on a particular point, which when decided, affects the fate of the appeal it must relate to the grounds of appeal. The two are more or less strange bedfellows: and so, for a preliminary objection to be dressed in the garb given to it here is strange and improper.
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