AARTI STEEL NIG.LTD V ALHAJI SABITU ADISA OTAPO&ors(2018) LPELR- 45751(CA)

DEMURRER PROCEEDINGS/APPLICATIONS/PROCEEDINGS IN LIEU OF DEMURRER: Instances of what will not amount to demurrer

"I have read before now the judgment just delivered by my learned brother Jimi Olukayode Bada JCA. His Lordship has dealt extensively with all the issues arising for determination in this appeal and I agree with the reasoning and conclusion therein. I however wish to reiterate that where a suit discloses no reasonable cause of action as provided for under Order 15 Rule 18(1) of the High Court of Ogun State Civil procedure Rules, the provisions of Order 22 Rule I relating to demurrer would not be applicable. In the ruling which is the subject mater of the present appeal, the trial judge at page 108 of the Record of Appeal found as follows: "I must state that I do not agree with the interpretation applicant's counsel sought to place on Order 15 Rule 18(1) of the Rules. That provision cannot be read in isolation from Order 22 Rule 1 which says no demurrer shall be allowed. A party is expected to raise points of law by his pleading and apply to have the points of law set down for hearing. I have looked at the grounds relied upon for this application and none of the grounds alleged lack of jurisdiction by the Court in order to avail the applicant the general provision that the issue of jurisdiction can be raised at any time. Some of the grounds stated In support of this application cannot be determined without evidence adduced in the matter. The ground that the claim discloses no reasonable cause of action can only be upheld if it is shown that the pleadings is so defective that nobody can understand what claim he is required to meet.

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