DEMURRER

• Date: 06 February 2019

(1) "The learned Trial Judge quite rightly in my view defines it in the ruling as - "A demurrer is an allegation of a defendant, which admitting the matters of fact alleged by the complainant or bill to be true, shows that as they are there set forth they are insufficient for the plaintiff to proceed upon or oblige the defendant to answer. It is an allegation that even if all the facts in the pleadings to which objection is raised are taken to be true, yet the legal consequences are not such as to put the demurring party to the necessity of answering them or proceeding further with the case." - Per Amaizu, J.C.A. in PDP v. Adeyemi Suit No. CA/IL/M.24/2000; (2002) 10 N.W.L.R. (Pt. 776) 524 at 544.

(2) "A demurrer is a known and well accepted common law procedure which enables a defendant who contends that even if the allegations of facts as stated in the pleading to which objection is taken are true, yet their legal consequences are not such as to put the defendant (the demurring party) to the necessity of answering them or proceeding further with the cause. This, concisely stated, is the concept of the rule as formulated. As has often been pointed out in several decided cases including those decided by this Court, the whole basis of a demurrer is in effect to short circuit the action and by a preliminary point of law to show that the action founded on the writ and statement of claim cannot be maintained." See Lewis, J.S.C. in Aina v. Trustees of Railway Corporation Pensions Fund (1970) 1 All N.L.R. 281 at P. 283; Mayor etc. of Manchester v. Williams (1891) 1 Q.B. 94." - Per Karibi-Whyte, J.S.C. in Mobil v. I.A.L., 36 INC. Suit No. S.C. 106/1999; (2000) 4 S.C. (Pt. I) 85 at 98; (2000) 6 N.W.L.R. (Pt. 659) 146 at 167.

(3) "Demurrer is defined in Black’s Law Dictionary, fifth edition (1979) to mean "An allegation of a defendant, which admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are there set forth they are insufficient for the plaintiff to proceed upon or to oblige the defendant to answer The formal mode of disputing the sufficiency in law of the pleading of the other side. In effect it is an allegation that, even if the facts as stated in the pleading to which objection is taken be true, yet their legal consequences are not such as to put the demurring party to the necessity of answering them or proceeding further with the cause." - Per Kolawole, J.C.A. in Inoma-Biriya v. Omoni ...