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PLEADING IS THE LIFE WIRE OF PROCEEDING IN ADVERSARIAL SYSTEM

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Dictum

Pleading is the life wire of the proceeding in our adversorial system of civil jurisprudence – the main function of which is to focus with much certainty as far as possible the various matters actually in dispute amongst the parties and those in which there is agreement between the parties by avoiding element of surprise being sprung on the opposite party. George v. U.B.A. Ltd. (1972) 8-9 SC 264; Oduka v. Kasumu (1968) NMLR 28; George v. Dominion Flour Mills Ltd. (1963) 1 SCNLR 117.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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AVERMENTS IN PLEADINGS WITHOUT EVIDENCE TO SUBSTANTIATE ARE USELESS

Mere averments in pleadings, no matter how impressive they may be are useless if no evidence is led to prove them. Such averments in the pleadings unless, they are admitted, are regarded as mere suggestions of counsel and if they are not proved by evidence of witnesses are deemed to have been abandoned. [Adegbite v. Ogunfaolu (1990) 4 NW1,11 (Pt.146) 578; Balogun v. Amubikanhun (1985) 3 NWLR(Pt.11)27; Obmiami BrickAND Stone (Nig.) Ltd. v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260;Ayeniv. Sowemimo (1982) 5 SC 60; Idesoh v. Ordia (1997) 3 NWLR (Pt.491) 17 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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COURT CANNOT LOOK FOR EVIDENCE WHERE A PARTY ABANDONS HIS PLEADINGS

Once a party abandons his pleadings it is not the business of the court to look for evidence from the other party so as to base a case on facts which the plaintiff does not plead and cannot rely upon. Judgment is given in respect of material facts pleaded and proved at the trial. The parties as well as the court cannot go outside the pleadings. Facts are pleaded, evidence is led in support of the pleadings. The court is therefore bound to adjudicate on the issues arising from the pleadings. Where therefore evidence led is not based on the facts pleaded such evidence goes to no issue: Emegokwue v. Okadigbo (1973) N.S.C.C. p.220.

— Olatawura, JSC. Adesanya v Otuewu (1993) – SC.217/1989

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

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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PARTIES ARE BOUND BY THEIR PLEADINGS AND CANNOT MAKE OUT A DIFFERENT CASE

The law is trite and held as very elementary that parties are bound by their pleadings and cannot make out a different case on appeal which is alien to that stated at the trial Court. The observation in that respect was rightly made by the lower Court and I so endorse.

— C.B. Ogunbiyi, JSC. Ibrahim v. Obaje (2017) – SC.60/2006

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EVIDENCE ON MATTER NOT PLEADED

It is settled that evidence led on any matter not pleaded goes to no issue and ought to be disregarded when giving judgment. – Kutigi JSC. Amadi v. Nwosu (1992)

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THE STAGE PLEADINGS ARE SETTLED

The respondent, as plaintiff produced exhibits M, M1 photograph and negative to support averment in her pleadings that she is the daughter of L.O. Ukeje (deceased). The defendant/appellant denied the averment in the plaintiff’s pleadings. At that stage pleadings are settled. At trial, if the defendant seeks to disprove the plaintiffs documentary evidence (i.e. exhibits M, M1) which was used to support her claim to being the daughter of the deceased, the defendant is not bound to plead that the plaintiff’s documentary evidence is false, fraudulent or forged. The defendant is to cross-examine him and lead evidence to show beyond reasonable doubt that exhibit M, M1 are forgeries. This the defendants appellants were unable to do.

– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)

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