LEGAL PRINCIPLE: CIVIL PROCEDURE – Demurrer Proceedings – Scope of Documents Considerable – Court Confined to Statement of Claim Alone
PRINCIPLE STATEMENT
In demurrer proceedings under Order 27 of the Federal High Court (Civil Procedure) Rules, 1976, the only relevant and competent document that the trial court is obliged to look at is the plaintiff's statement of claim. The defendant is precluded from filing an affidavit because the content of an affidavit necessarily contains statements of facts and circumstances, which would offend rules 1 and 2 of Order 27 that forbid answer upon questions of fact or discussion of questions of fact.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Boothia Maritime Inc. & Ors v. Fareast Mercantile Co. Ltd. (2001) NLC-901999(SC) at p. 5; Paras A–C.
"In demurrer proceedings under Order 27 of the Federal High Court (Civil Procedure) Rules, 1976, the only relevant and competent document that the trial court is obliged to look at is the plaintiff's statement of claim. The defendant is precluded from filing an affidavit because the content of an affidavit necessarily contains statements of facts and circumstances, which would offend rules 1 and 2 of Order 27 that forbid answer upon questions of fact or discussion of questions of fact."
EXPLANATION / SCOPE
In demurrer proceedings, the court is confined to the plaintiff’s statement of claim alone. The defendant cannot file an affidavit—affidavits contain statements of fact, offending the rule that forbids answering questions of fact or discussing facts. Demurrer tests the legal sufficiency of the statement of claim, assuming all pleaded facts are true. The defendant admits the facts for purpose of demurrer. Affidavits would introduce factual disputes, converting demurrer into a trial on facts. The rule ensures demurrer remains a pure point of law. The court cannot look at extrinsic documents, even if incorporated by reference. The statement of claim is the sole document.
