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CONFLICTING FACTS CAN BE PLEADED WHERE ALTERNATIVE RELIEFS ARE SOUGHT

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As rightly submitted by the Petitioners, the reliefs in this Petition, which I have reproduced at the beginning of this judgment, are undoubtedly sought in the alternative. The settled law is that reliefs can be sought in the alternative and where so sought by a party, he is at liberty to plead conflicting facts in line with the alternative reliefs he has sought. In ADIGHIJE V NWAOGU & ORS (2010) 12 NWLR (Pt. 1209) 419 at 545, paras. E G; (2010) LPELR-4941(CA) at pages 14 – 16, paras. E G, this Court, per Ogunwumiju, JCA (as he then was, now JSC), held that: “…in civil litigation and indeed in election matters, a party can make two seemingly contradictory pleadings leading to two different heads of claim. That is why a petitioner can claim that the election be annulled for reason of substantial non-compliance and in the same breath claim that he won the election by a majority of lawful notes. A petitioner may plead the same set of facts to ground alternative reliefs. Those pleadings are not ipso facto held to be self-contradictory. The Court can only grant one relief as the party must decide which relief is best supported by the evidence on record.” See also: METAL CONSTRUCTION (W.A.) LTD v ABODERIN (1998) LPELR 1868(SC) at pages 26, paras. C E.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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pleadings, reliefs

PARTY WILL NOT BE ALLOWED TO LEAD EVIDENCE ON MATTER NOT PLEADED

The elementary rule of pleading is that a party shall plead facts which he propose to rely upon in order to establish his own case. It is now trite law that a party will not be allowed to lead evidence in respect of facts not pleaded; or to lead evidence contrary to his pleading. The sole purpose of pleading is to ensure that the parties to the case know the case they will meet at the trial, to obviate element of surprise. Pleading saves time and brings out clearly the issues in the case.

— Olatawura JSC. African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994)

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FOUR REASONS WHY AMENDMENT OF PLEADINGS MAY ARISE

Amendments arise because of a number of reasons. I can identify four main reasons here. First, at the time of filing the pleadings, the factual situation sought to be amended was not available or if available was not within the reasonable anticipation of the party and his counsel, employing all diligence and intellectual resources at their command. Second, although the factual situation sought to be amended existed at the time the pleadings were filed, human idiosyncrasies, human lapses and human frailties resulted in its non-inclusion. This could either be the fault of the party or counsel or both. . Third, when there is a Reply to either the Statement of Claim or the Statement of Defence. Four, when the court suo motu raises a factual situation. Since this last reason is not consistent with our adversary system, a trial Judge should only resort to it when it is absolutely necessary so to do and in the overall interest of the parties. He cannot do so willy nilly and by his whims.

— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89

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PARTIES ARE BOUND BY THEIR PLEADINGS

It must be remembered that it is a cardinal principle of the Rules of Practice that parties are bound by their pleadings and evidence led on matters not pleaded goes to no issue. Furthermore, any fact admitted in a party’s pleadings, need not be proved by the other party.

— Craig JSC. Uredi v. Dada (1998) – SC.106/1986

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STATUTES ARE NOT TO BE PLEADED IN PLEADINGS

The position of the Appellant’s learned Counsel that the Appellant did not need to plead the provisions of p.4 of the Chinese Regulation concerning the transport of hazardous goods stems from the stated position that pleadings need no longer be technical and that it is no longer necessary to plead statutes and sections of statutes but that it is sufficient if the material facts only are pleaded.

– O. Daniel-Kalio, JCA. Egypt v. Abdoulaye (2017) – CA/K/540/2014

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THE NATURE OF PLEADINGS – IMPORTANCE

In the case of Osondu Co Ltd. and Anor v. Akhigbe (1999) LPELR – 1433 (SC), the Supreme Court per Uwaifo, JSC, held as follows: “It must be realized that pleadings is a statement of candour as to what a party to a case relies on to prove or defend a cause. It ought to be made as clear as it possibly can, not evasive or misleading or ambiguous. Each party must endeavor to place and must be presumed to have placed, all necessary pleadable acts on record the best way it can in order to achieve the best of its case. It must put the other party and the Court on a firm understanding of what the issues joined or denied, or issues admitted or not admitted. Pleadings are the guiding light by which all concerned trace the path to the justice of a case. That path should not be hampered by and littered with stumbling blocks of uncertainties, misrepresentations and ambushes embedded in the averments. That will be an effort to spring surprises and will not be proper pleadings. As was said by Phillimore J., in The Why Not (1888) LR 2A and E. 265 and quoted with approval in Enwezor v. Central Bank of Nigeria (1976) 3 SC 45 at 56 Per Madarikan, JSC, pleadings “…are not to be considered as constituting a game of skill between the advocates. They ought to be so framed as not only to assist the party in the statement of his case but the Court in its investigation of the truth between the litigants.”

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ISSUES ARE NOT JOINED ON POINTS OF LAW – LAW SHOULD NOT BE PLEADED

Ahmadu Bello University v. Molokwu it was held thus:- “It is unnecessary for parties to join issue on a point of law or statutory provisions once a statutory provision is found applicable, it would be applied by the court notwithstanding that parties have not joined issues on the point in their pleading.” The defendants/appellants just as in the present appeal contended that the law relied upon did not exist and therefore the plaintiffs/ respondents’ action must fail. The court in rejecting the contention held at page 286 that: “There is substance in the submission of the learned counsel for the appellant that there is no statute of Ahmadu Bello university know as Ahmadu Bello university calendar of 1986/1988. The reference may be one of lapsus calami. But if learned counsel’s objection is sustained. It would tantamount to giving reigns to technicality. Furthermore, if the submission is acceded to, it would be tacit acceptance and encouragement to reinstate the principle of law that law or statute or part thereof should be pleaded”.

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