LEGAL PRINCIPLE: CIVIL PROCEDURE – Demurrer – Scope of Application – Demurrer Not Available After Joinder of Issues
PRINCIPLE STATEMENT
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.
RATIO DECIDENDI (SOURCE)
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.