It is settled law that issues for trial by the Court are joined in the pleadings and that parties and indeed the Court are bound by the pleadings of the parties. The Petitioners’ case stands to collapse if no evidence is called on the issue. See ORUWARI V. OSLER (2012) LPELR-19764 (SC) and KUBOR & ANOR V. DICKSON & ORS (2012) LPELR-9817 (SC).
— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)
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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
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)
It is a trite and a resonated principle of our legal jurisprudence, that you plead material facts and not the evidence to be relied upon and the evidence to be relied upon can be tendered in support of those facts.
— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)
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
In a long line of decided authorities, it is now firmly settled that it is the Statement of Claim that is looked at in determining whether or not, a court has jurisdiction to entertain and determine any suit or matter and not at the defence. (See Chief Adeyemi & others v Opevori (1976) 9-10 SC 31; The Attorney-General, Anambra State & 13 others v The Attorney-General of the Federation & 16 others (1994) 3 NWLR (Part 335) 659; (1994) 4 SCNJ 30). — Ogbuagu JSC. AG Kano State v AG Federation (2007) – SC 26/2006
In the case of Messrs. Lewis & Peat (N.R.I.) Ltd. v. Akhimien ( 1976) 7 S.C. 157 at page 163-4 where he stated: “We must observe, however, that in order to raise an issue of fact in these circumstances there must be a proper traverse: and traverse must be made either by a denial or non-admission either expressly or by necessary implication. So that if a defendant refuses to admit a particular allegation in the statement of claim, he must state so specifically; and he does not do this satisfactorily by pleading thus: ‘defendant is trot in a position to admit or deny (the particular allegation on the statement of claim) and will at the trial put plaintiff to proof.” … We are, of course, not unmindful of the first paragraph of the statement of defence. Nowadays almost every statement of defence contains such a general denial. (See Warner v. Sampson (1959) 1 Q.B. 287 at 310-311. However, in respect of essential and material allegations such a general denial ought not be adopted; essential allegations should be specifically traversed. (See Wallersteins v. Moir (1974) 1 W.L.R. 991 at 1002 per Lord Denning, M.R.; also Bullen & Leake & Jacobs, Precedents of Pleadings 12th Edition 83).
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