LEGAL PRINCIPLE: CIVIL PROCEDURE – Demurrer Proceedings – Incorporation of Documents by Reference – Limitation
PRINCIPLE STATEMENT
If the rule of court forbids looking at any other document save the statement of claim, it will be tendentious and mischievous to submit that by merely pleading another document in the statement of claim, such as a bill of lading, the court would automatically be entitled to look at the bill of lading, a forbidden document.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Boothia Maritime Inc. & Ors v. Fareast Mercantile Co. Ltd. (2001) NLC-901999(SC) at p. 8; Paras A–C.
"If the rule of court forbids looking at any other document save the statement of claim, it will be tendentious and mischievous to submit that by merely pleading another document in the statement of claim, such as a bill of lading, the court would automatically be entitled to look at the bill of lading, a forbidden document."
EXPLANATION / SCOPE
Merely pleading a document in the statement of claim does not entitle the court to look at that document in demurrer proceedings. If the rule forbids looking at any document other than the statement of claim, incorporation by reference does not create an exception. The court cannot consider extrinsic documents, even if described in the pleadings. The approach is “tendentious and mischievous”—attempting to circumvent the rule. The demurrer is decided on the legal sufficiency of the statement of claim alone. The contents of incorporated documents are not before the court. The defendant cannot rely on them to challenge the claim. The rule is strict to preserve demurrer as a pure point of law.
CASES APPLYING THIS PRINCIPLE
None recorded.
