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AVERMENTS IN PLEADINGS WITHOUT EVIDENCE TO SUBSTANTIATE ARE USELESS

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Mere averments in pleadings, no matter how impressive they may be are useless if no evidence is led to prove them. Such averments in the pleadings unless, they are admitted, are regarded as mere suggestions of counsel and if they are not proved by evidence of witnesses are deemed to have been abandoned. [Adegbite v. Ogunfaolu (1990) 4 NW1,11 (Pt.146) 578; Balogun v. Amubikanhun (1985) 3 NWLR(Pt.11)27; Obmiami BrickAND Stone (Nig.) Ltd. v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260;Ayeniv. Sowemimo (1982) 5 SC 60; Idesoh v. Ordia (1997) 3 NWLR (Pt.491) 17 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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APPLICATION TO DISMISS AN ACTION WILL BE DETERMINED ON STATEMENT OF CLAIM ONLY

It is settled principle of law that when a Defendant files an application (such as the one that has given rise to this appeal) to strike out or dismiss an action on the ground that it disclosed no reasonable cause of action, he is, for the purpose of the application, taken to have admitted the facts alleged in the Statement of Claim. And in the determination of the application, the Court is bound to restrict itself to the Statement of Claim and to proceed on the assumption that the facts therein have been although the facts in the Statement of Claim are admitted, the Plaintiff has not, on the face of such facts, made out a case to warrant a trial or that he has, in law, a complete answer to the Plaintiffs case. See F.C.D.A. v NAIBI (1990) 3 N.W.L.R. (Part 138) 270 at 281; IMANA v ROBINSON (1979) 3-4 SC 1 at 9-10; U.D.C. v LADIPO (1971) 1 ALL N.L.R. 102; FADARE v A.G. OYO STATE (1982) 4 SC 1; TANDON v CFAO of ACCRA 10 WACA 186; AKANBI v ALAO (1989) 3 N.W.L.R. (Part 108) 118 at 140 and 153; EGBE v ADEFARASIN (1985) 1NWLR (Part 3) 549 at 556.

— F.F. Tabai JSC. Stephens Eng. Ltd. v. S.A. Yakubu (2009) – SC.153/2002

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LITIGATION IS FOUGHT ON PLEADINGS

It is trite that litigation, particularly election dispute litigation, is fought on pleadings. Parties swim or sink with their pleadings. In the case of ANYAFULU & ORS V. MEKA & ORS (2014) LPELR 22336 (SC), the Supreme Court Per Kekere Ekun, JSC held that: “Litigation is fought on pleadings. They are the pillars upon which a party’s case is founded. Not only do they give the other side notice of the case they are to meet at the trial, they also define the parameters of the case. In other words, parties are bound by their pleadings. Any evidence led on facts not pleaded goes to no issue while any pleadings in respect of which no evidence is led are deemed abandoned. In effect, where the pleadings are deficient no matter how cogent the evidence led, the case would fail. See: Nwokorobia Vs Nwogu (2009) 10 NWLR (1150) 553; Shell B. P. Vs. Abedi (1974) 1 SC 23; Ebosie Vs. Phil Ebosie (1976) 7 SC 119; George Vs Dominion Flour Mill Ltd. (1963) 1 ALL NLR 71.” See also IFEANYICHUKWU OSONDU CO. LTD & ANOR V. AKHIGBE (1999) LPELR (SC). Those pleadings in Paragraphs 41-42 of the Petition having been abandoned are discountenanced.

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

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COURT OF LAW MUST LIMIT ITSELF TO ISSUE RAISED IN PLEADINGS

Courts of law must, as a rule, limit themselves to the issues raised by the parties in their pleadings as to act otherwise might well result in the denial to one or the other of the parties of his constitutional right to fair hearing.

– Iguh, JSC. Clay v. Aina (1997)

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LAW IS NOT NECESSARY TO BE PLEADED IN PLEADINGS

I concede that it is not necessary to plead law before reliance can be placed on it. It is sufficient to plead material facts which will lead to a certain legal result, and once sufficient material facts have been pleaded, the inference to be drawn from such pleaded facts and the particulars of the law to be relied upon for such an inference need not be pleaded. See Vandervell’s Trust (No.2), White v. Vandervell Trustees Ltd. (1974) 3 All E.R. 205 at 213; Anyanwu v. Mhara (1992) 5 NWLR (Pt. 242) 386 at 398 etc.

— Iguh, JSC. Onamade v ACB (1997) – SC.199/1990

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MATTERS NOT DENIED IN THE PLEADINGS ARE DEEMED ADMITTED

The principle of pleadings has time and again been explained in law books and decided cases in this country that I shall be on the superfluous side to cite them. But suffice to restate that pleadings are meant primarily to let parties know each other’s case. They can even settle issues so as to save the Court’s time, by agreeing on those facts not in contest and leaving the Court to decide from received evidence based on those facts in pleadings contested, the justice of the case. Therefore all matters not denied in the pleadings whether raised in the statement of claim or statement of defence are taken as admitted. Facts emerging from any pleading, raising new matters and throwing new light on the adversary’s averment must be denied. If not denied, they are taken as admitted because there is no element of surprise or embarrassment. There are those occasions when Court suo motu can amend pleadings so as to bring the issues being fought by the parties into proper focus, but this is possible only when such amendment will not raise new issue or give the dispute of the parties entirely new colouration. The Judge who will suo motu amend of course must invite the parties to address him. Amusa Yesufu Oba v. Hunmuani Ajoke (see Olisa Chukura’s Privy Council judgments 1841-1943) at page 1018; Ambrosini v. Tinko (1929) IX N.L.R.8.

— Belgore, JSC. Ogunleye v Oni (1990) – S.C. 193/1987

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PLEADINGS SHOULD BE CONCISE PRESENTATION OF FACTS

Para. 12: “The court reiterates that the pleadings should be confined to a concise and precise presentation of facts and brief summary of evidence in support including references to documents. All arguments shall be reserved for the oral phase of the proceedings. Reference is hereby made to Articles 33 and 35 of the Court’s Rules of Procedure.”

— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10

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