Description
· A preliminary objection should be free from facts calling for evidence or proof.
· Preliminary objection on res judicata – proceedings in the previous case have to be established by evidence therefore the preliminary objection collapses.
· Issues of ownership of disputed land cannot be resolved in the pleadings. There must be a fully-blown trial to that effect.
· On the pleadings as they are it was not possible for the trial court to adjudicate upon whether the plea of res judicata could stand.
· What constitutes a PO.
