LEGAL PRINCIPLE: CIVIL PROCEDURE – Demurrer – Admission of Facts – No Evidence on Factual Matters Permitted
PRINCIPLE STATEMENT
For the purpose of such application, the defendant shall be taken as admitting the truth of the plaintiff's allegations, and no evidence respecting matters of fact, and no discussion of questions of fact, shall be allowed.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC in Mobil Oil (Nigeria) Plc v. IAL 36 Inc. (2000) NLC-1061999(SC) at p. 3; Paras C–D.
"For the purpose of such application, the defendant shall be taken as admitting the truth of the plaintiff's allegations, and no evidence respecting matters of fact, and no discussion of questions of fact, shall be allowed."
EXPLANATION / SCOPE
On a demurrer, the defendant is deemed to admit all facts properly pleaded in the statement of claim. No evidence on factual matters is allowed; the court decides only the legal sufficiency of the claim based on the pleaded facts. Discussion of facts is prohibited—the defendant cannot contest factual allegations. This narrow scope ensures demurrer remains a pure point of law. If factual disputes exist, demurrer is inappropriate. The rule prevents converting demurrer into a trial on facts. Legal insufficiency alone grounds demurrer.