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GENERAL TRAVERSE WILL BE THE APPOSITE WHERE PETITIONER/CLAIMANT PLEADINGS WHERE GENERAL IN NATURE ITSELF

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per Ogunwumiju, JCA (as he then was, now JSC), held in UDEAGHA & ANOR v OMEGARA & ORS (2010) LPELR-3856(CA), as follows: “The argument of Appellants’ counsel that the Respondents did not adequately traverse the petition is unfounded. The petition itself contained general complaints. There was no effort to pinpoint in the pleadings the various places where corrupt practices, non voting, use of violence, thuggery, rigging in polling units, massive thumb-print of ballot papers, fictitious entry of election results took place. Therefore, there was a general corresponding reply denying the allegations in general terms from the Respondents. If the Petitioners did not plead particulars, how could the respondents traverse non-existent particulars? The averments in the Appellants’ pleadings should have contained details of the allegations and complaints to which the Respondents could reply in detail in their own pleadings. The Appellants expected the Respondents to reply to the various specific allegations contained in the witness statements filed along with the petition. That is not the correct procedure. Those specific allegations should have been in the pleadings. The pleadings must show the facts disputed while the witnesses would give evidence of these facts. In election petitions, it has been held that there is need for particulars where required in order to prevent taking adverse party by surprise. See Buhari v Obasanjo (2005) 7 SCNJ 1. It is not the function of particulars to take the place of necessary averments in pleadings. See Nwobodo v Onoh (1984) 1 SC 201…”

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pleadings

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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A PARTY IS BOUND HIS PLEADING – PURPOSE OF PLEADINGS – A COURT ONLY GIVES TO A PARTY WHAT HE CLAIMS

A party is bound by his pleading at the trial and cannot make a case different from this pleadings. This is because the object of pleading is to appraise the opposing party of the case the pleader is making so as to avoid any surprise at the hearing and to ascertain the issue or issues in controversy between the parties with a view to enabling each party settle before hand, the evidence it shall adduce at the hearing. Similarly, a court only gives to a party what he claims by way of pleading. In this case the trial court was right in not declaring Exhibits 1 and D1 null and void as this fact was not pleaded by the appellant. [Olaopa v. O.A.U. Ile-Ife (1997) 7 NWLR (Pt. 512) 204 at page 225;Aderenii v. Adedire (1966) NMLR 398; A. C. 8. Ltd v. A. G. Northern Nigeria (1967) NMLR 231; Albion Const. Co. Ltd v. Rao Invest. AND Pro. Ltd (1992) 1 NWLR (Pt. 219) 583; Bakare v. L.S.C.C. (1992)8NWLR(Pt.262)641;Balogun v. Oshunkoya (1992) 3 NWLR (Pt. 232) 827]

– L.A. Ayanlere v. Federal Mortgage Bank of Nig. Ltd. (1998) – CA/K/186/96

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CRIME MUST BE SPECIFICALLY PLEADED

Crime as an offence punishable by law must be specifically pleaded and proved. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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PARTIES ARE BOUND BY THEIR PLEADINGS

As the parties are adversaries, each one is bound by his case as framed in his pleadings. That being so, the Defendant/Appellant will not be allowed to set up (at the hearing as he did) an entirely different case without any prior amendment to his pleadings: African Continental Seaways Ltd. v. Nigerian Dredging Roads General Works Ltd. (1977) 5 S.C. 235 at p.249.

— Oputa, JSC. Salawu Ajide V. Kadiri Kelani (SC.76/1984, 29 Nov 1985)

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PARTIES ARE BOUND BY THEIR PLEADINGS

It is trite law that parties are bound by their pleadings: See Obimiami Brick and Stone (Nig.) v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260. The essence of pleadings is to compel the parties to define accurately and precisely the issues upon which the case between them is to be fought to avoid element of surprise by either party. It also guides the parties not to give evidence outside the facts pleaded as evidence on a fact not pleaded goes to no issue – see Onwuka v. Omogui (1992) 3 NWLR (Pt.230) 393; Emegokwue v. Okadigbo (1973) 4 SC 113.

— Katsina-Alu JSC. Engineer Bayo Akinterinwa & Anor V. Cornelius Oladunjoye (SC.98/94, 7 April 2000)

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PLEADINGS TELL WHAT A PARTY IS SEEKING

There is also no doubt that in order to determine what the cause or reason for which the party seeking relief has come to the Court, regard must be had to that party’s pleadings, particularly the statement of claim. It is from there that the Court will be properly guided as to what set of facts the party is presenting as grounding his claim, the applicable principles of law and the legal remedy the party is seeking.

– Tukur JCA. Odulate v. FBN (2019)

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