STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

IT IS NOT NECESSARY FOR A PLAINTIFF TO FILE A REPLY

Reach more audience. Place advert here.

In the cited case ofAli v. Salihu (2011) 1 NWLR (Pt.1228) 227 at 253, this Court, per Shadipe JCA stated thus – “The law is no doubt settled that a reply is not filed to a statement of defence as of course. Further pleadings by way of reply is to be filed for the purpose of bringing parties to an issue. It is not necessary for a plaintiff to file a reply if the only purpose to be so achieved is to deny any of the allegations the defendant may have made in the statement of defence. This is because if no reply is filed all the material allegations/facts in the statement of defence are in issue. A reply to merely join issues is therefore not permissible. See paragraph 18.06 of the Practice and Procedure of the Supreme Court, Court of Appeal and High Courts of Nigeria by T. A. Aguda. The purpose of filing of a reply to a statement of defence has been succinctly stated by Kawu, JSC; in the case of Akinremi (1989) 3 NWLR (Pt.108) 164 at page 172, paras, F-G as follows:- “Now, the rule of practice is that where no counter-claim is filed, a reply is generally unnecessary if its sole object is to raise, in answer to the defence, any matters which must be specifically pleaded, which make the defence not maintainable or which otherwise might take the defence by surprise or which raise issues of facts not arising out of the defence – Bullen and Leake and Jacob’s Precedents of Pleadings, 12th Edition, p.107 (Also see Williamson v. London and North Western Railway Company (1879) 12 Ch. D 787, 794). Reply is the proper place for meeting the defence by confession and avoidance. Hall v. Eve (1876) 4 Ch.D 341.”

Was this dictum helpful?

SHARE ON

reply brief

ESSENCE OF A REPLY BRIEF

The essence of a reply brief is not to reopen argument already canvassed. It is to reply to new issues that have arisen in the respondents brief of argument. — P.A. Galumje, JSC.

Was this dictum helpful?

ESSENCE OF A REPLY BRIEF

The learned senior counsel appeared to have been unaware of the essence of a reply brief. It is not for a repetition or improvement of arguments in the appellant’s brief. Appellant need not repeat issues joined either by emphasis or expatiation.

– Ngwuta, J.S.C. Danladi v. Dangiri (2014)

Was this dictum helpful?

INCOMPETENT REPLY ON POINTS OF LAW

Now, the law is that a reply on points of law is meant to be just what it is, a reply on points of law. It should be limited to answering only new points arising from the opposing brief. It is not meant for the party replying on points of law to reargue its case or bring in points it forgot to advance when it filed its final written address. It is not a form to engage in arguments at large. Alternatively put, a reply on points of law is not meant to improve on the quality of a written address; a reply brief is not a repair kit to correct or put right an error or lacuna in the initial brief of argument. See Dr Augustine N. Mozie & ors v. Chike Mbamalu [2006] 12 SCM (Pt. I) 306. The effect of non compliance is that the Court will discountenance such a reply brief. See Onuaguluchi v. Ndu [2000] 11 NWLR (Pt. 590) 204.

— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017

Was this dictum helpful?

REPLY BRIEF IS FOR ANSWERING NEW POINTS RAISED

In Longe v. First Bank of Nig. PLC. 2010 2-3 SC p.61, It was held inter alia that: “… A Reply Brief is necessary and usually filed when an issue of Law or argument raised in the Respondents Brief calls for a Reply. Where a Reply Brief is necessary, it should be limited to answering new points arising from the Respondent’s Brief. Although, an Appellant’s Reply Brief is not mandatory, where a Respondent’s Brief raises issues or points of law not covered in the Appellant’s Brief, an Appellant ought to file a Reply Brief. It is not proper to use a Reply Brief to extend the scope of the Appellant’s Brief or raise issues not dealt with in the Respondent’s Brief.”

Was this dictum helpful?

REPLY BRIEF IS NOT FOR CORRECTING ERRORS IN MAIN BRIEF

In Nyesom v. Peterside & Ors. (2015) 11 – 12 SCM, 139, (2016) 1 NWLR (Pt. 1492) 71 this Court held that “The purpose of a reply brief is to reply to new points raised in the respondent’s brief of argument and not fill any error in appellant’s brief.”

Was this dictum helpful?

FUNCTION OF A REPLY BRIEF

The function of a reply brief is to refute the new arguments in the respondents brief. A reply brief is necessary when an issue of law or argument is raised in the Respondents brief which requires a reply by the appellant. Failure to file a Reply brief can adversely affect the case of the appellant if the issues raised in the respondent’s brief are weighty, substantial and relevant in law. A reply brief is not meant to re-argue or fine tune an appellant’s case. A reply brief has no connection or affiliation with the Cross-Respondents brief and can only be filed by an appellant in the main appeal or cross-appeal.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

Was this dictum helpful?

No more related dictum to show.