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PLEADING, IS PLEADING FACTS UPON WHICH A LAW CAN STAND ON

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Dictum

While I come to the conclusion that the appellants did not plead co-ownership, I should not be taken as making the point that they should have included in their pleadings, the legal word of co-ownership or its synonym joint-ownership. That is not what I mean. As a matter of law, a party cannot plead law in his pleadings. Although there are exceptions here and there to this general principle of law, particularly as it relates to the plea of some specific defences to certain actions, the matter before me, does not extend to that. All that the appellants were expected to do was to plead enough facts upon which the law of co-ownership can stand and keep its shoulders high, awaiting the lawyer to replenish it with either statutory authorities or decided case. But that was not done here, and the trial Judge, could not have supplied it. .

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

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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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PLEADINGS SHOULD NOT CONTAIN LAW OR MIXED LAW & FACT

It is well settled that every pleading must state facts and not law. A party is not expected to plead conclusions of law or mixed fact and law. However, conclusions of law can be drawn from material facts pleaded. It is also unnecessary to set out in a pleading content of a public statute.

– Karibe-Whyte, JSC. Finnih v. Imade (1992)

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FOREIGN LAW IS A QUESTION OF FACT TO BE PLEADED

In the case of PEENOK INVESTMENTS LTD. v. HOTEL PRESIDENTIAL (1982) 12 SC (REPRINT) the Supreme Court per A.G. IRIKEFE JSC stated that as a general proposition of law, foreign law is a question of fact which should be pleaded and proved in a trial Court.

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ALL FACTS ON WHICH EVIDENCE WILL BE GIVEN MUST BE PLEADED

A legal battle does not permit of surprises. A legal battle is very much like a boxing match or a tennis match where the opponent is known and the instruments of battle i.e., boxing gloves or tennis racquets and ball, as the case may be, are in plain view for all to see. No surprises are intended. In a Military battle however, surprise is fair game. The: enemy is not to know his opponents weapons or battle strategy. The enemy can surreptitiously plant bombs, land mines, etc. An ambush is a legitimate battle strategy. What the Appellant did by relying on the Chinese regulation without first pleading it, is a veritable ambush and a Court cannot rely on such evidence.

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

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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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PARAGRAPHS IN PLEADINGS READ TOGETHER

Paragraphs in pleadings are not read in isolation but read together to obtain the total story of the parties. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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