This was an appeal against the decision of the high court
which dismissed the appellants suit on a preliminary
objection raised by the respondents.

Court considered whether the learned trial judge erred
when he determined issues and matters of fact by way of
preliminary objections raised by the respondent without

hearing evidence.

Court ruled that the objection raised by the plaintiffs
reveals that issues raised there-in particularly the
allegations of fraud could not have been determined by
way of preliminary objection on a point of law. They
required to have been proved by evidence. Court further
noted that all the objections raised for determination
could only have been determined after a full trial.

Court accordingly held that the trial judge erred when he
dismissed the suit on what he termed as preliminary
issues of law. The objections raised were not preliminary
issues of law and fact that required proof by way of
evidence.