MICROSOFT CORPORATION V FRANIKE ASSOCIATES LTD (CA/LI573/2008)(COPYRIGHT ON SOFTWAREPROGRAMS); A REVIEW

Abstract

In practice, the distinction between demurrer and issue of jurisdiction of courts in Nigeria exist. Though there exists a similarity between the old demurrer proceedings and a preliminary objection, as the aim of both is to terminate a matter without a full trial. It must be noted that a preliminary objection to the institution or continuation of a suit is different from a demurrer proceeding and may be so different even when it is brought without the filing of a statement of defence by the defendant in a matter. The position of the law is that demurrer proceedings in its original form is no longer allowed. What is permitted is a modified form, referred to as proceedings in lieu of demurrer, which is to the effect that before a party can seek to terminate proceedings in circumstances that would constitute demurrer, such a party must file pleadings.