Mato Matiko Mabanga vs ophir Energy Plc and 6 others,Civil appeal No 119of 2021.

This case main issue was whethe preliminary objection can be raised in ascetainment fact’s?? court held that.

, we stated that: –
“It is dear that an objection as it were on account of time bar is one o f the preliminary objection which courts have held to be based on pure point o f law whose determination does not require ascertainment o f facts or
evidence.

At any rate, we hold the view that no preliminary objection will be taken from abstract without
reference to some facts plain on the pleadings which must be looked at without reference examination o f any other evidence.”