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 general traverse is not an effective denial of essential or material averments in the opposing party’s pleading. – Kekere-Ekun, J.S.C. Union Bank v. Chimaeze (2014)
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
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
It is for the above position of the law that I bear in mind that issue of facts on which the parties are ad idem would require no further proof and are taken as having been duly established. It is also the law that facts admitted by either party of the averments of the other party also need no further proof. It is equally well accepted that facts in a pleading of one party which are not specifically traversed but are generally or evasively traversed are also deemed as having been admitted by the other party. It is basic but a fundamental principle of law that parties are bound by their pleadings. See also Hashidu v. Goje 2 EPR P. 790 @ p. 836. See also Oversea Construction Company Nig. Ltd. v. Creek Enterprises Nig. Ltd(1985) 3 NWLR (Pt. 407) 40; Adesoji Aderemi v. Adedire (1966) NMLR 398; Nnameka Emegokwue v. James Okadigbo (1973) 4 SC 113; Woluchem v. Gudi (1981) 5 SC 291; Iwuoha v. NIPOST (2003) 8 NWLR (Pt. 822) 308; Akpapuna and Ors v. Obi Nzeka and Ors (1983) 2 SCNLR 1, (1983) 7 SC 1; Omoboriowo v. Ajasin EPR (Vol 3) 488 @ 511; Iniama v. Akpabio (2008) 17 NWLR (Pt. 1116) 225 @ p. 309.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
There is no gainsaying the settled principle of law to the effect that the Court is bound to determine the case before it, as made out by the pleadings of the parties, particularly the Claimant’s or Plaintiff’s cause of action.
– Tukur JCA. Odulate v. FBN (2019)
In law, an issue of fact on which the parties are ad idem or on which the adverse party did not effectively traverse are deemed to have been admitted and would thus require no further proof as they are taken as having been duly established. A general traverse or averment that a party is not in position to either admit or deny an allegation made by the other party does not amount to effective denial as to put such a fact in issue to be proved by the party so alleging. See paragraph 34 of the Statement of claim of the 1st 4th Respondents. See also paragraph 3 of the Statement of defence of the Appellant.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
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