CIVIL PROCEDURE – Demurrer – Scope of Application – Demurrer Not Available After Joinder of Issues
Ratio Decidendi
Per Ayoola, JSC in Mobil Oil (Nigeria) Plc v. IAL 36 Inc. (2000) NLC-1061999(SC) at p. 14; Paras D–E:
"For the invocation of Order XXVII Federal High Court (Civil Procedure) Rules therefore, one must apply not before a statement of claim, and not after statement of defence, for it is premature in the former, and too late in the latter."
Explanation / Scope
Demurrer applies only after service of the statement of claim but before filing the statement of defence. Raising it before a statement of claim is premature; raising it after filing a defence is too late. This precise window allows the defendant to challenge the legal sufficiency of the plaintiff’s case without entering a defence. If the demurrer succeeds, the action is dismissed without trial. If it fails, the defendant must file a defence. The timing preserves procedural fairness and prevents procedural manipulation.