LEGAL PRINCIPLE: CIVIL PROCEDURE – Demurrer – Nature and Purpose – Short-Circuiting Action on Point of Law
PRINCIPLE STATEMENT
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.
RATIO DECIDENDI (SOURCE)
Per Lewis, JSC (as adopted by Karibi-Whyte, JSC) in Mobil Oil (Nigeria) Plc v. IAL 36 Inc. (2000) NLC-1061999(SC) at p. 11; Paras C–D.
"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."
EXPLANATION / SCOPE
Demurrer is a procedural device to dispose of an action summarily on a point of law without trial. It challenges whether the statement of claim, assuming all facts alleged are true, discloses a legally recognizable cause of action. If the claim is legally insufficient, the action is dismissed, saving time and expense. Demurrer does not contest facts but tests legal sufficiency. It serves judicial economy by eliminating meritless claims at the earliest stage. Success on demurrer ends the action; failure requires the defendant to proceed to trial.