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RATIONALE BEHIND PLEADINGS

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The basic law is that parties are bound to plead all facts they intend to rely upon at the trial and facts not pleaded will go to no issue. One rationale behind this principle is that litigation must follow some restrictive order and not open-ended in order to save the time of both the Courts and the litigants. If the procedure of pleadings was not introduced in litigation, parties search for evidence could not have ended and that should have protracted litigation beyond expectation. The law simply put, is that litigation is fought on pleadings. The pleadings define the parameters of the case and they give notice of the case to the other party. Any evidence led must be within the circumference of the facts pleaded. Pleadings in that wise, must not be deficient of the facts required to build up the case.

— S.J. Adah, JCA. Luck Guard v. Adariku (2022) – CA/A/1061/2020

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pleadings

THE PRIMARY PURPOSE OF PLEADINGS IN A TRIAL

The primary purpose of pleadings is to prepare the minds of the parties and the Court to know the case to be presented at the trial by each party, and to define and delimit with clarity and precision the real matters in controversy between the parties upon which to prepare and present their respective cases. It is designed to bring the parties to an issue upon which the Court will adjudicate between them. See Kyari v. Alkali (2001) 11 NWLR (Pt.724) 412 at 433-434 paras. H-A. It is therefore of utmost importance that both parties be comprehensive and accurate in their pleadings. In that regard, a plaintiff’s averment of facts must be met by the defendant frontally and categorically. The essential averments in the statement of claim should be specifically traversed. In order to raise any issue of fact, there must be a proper traverse; and a traverse must be made either by a clear denial or non-admission, either expressly or by necessary implication. A denial of a very material allegation of fact must not be general or evasive, but specific. Therefore, every allegation of fact, if not denied specifically or by necessary implication shall be taken as admitted and established. Putting it in a different way, where a party fails to join issues on material averments, he is deemed to have conceded the points made in those averments. They are deemed admitted and need no further proof to establish the facts contained in the pleading. See Ekperanisho v. Aloko (2015) 14 NWLR (Pt.1475) 153; Salzgitter Stahi GMBH v. Tanji Dosunmu Industries Ltd. (2010) NSCQR 1085 (2010) 11 NWLR (Pt.1206) 589. See Ekwealor v. Obasi (1990) 2 NWLR (Pt.131) 231 at 251, Oshodi v. Eyifunmi (2000) 13 NWLR (Pt.654) 298 at 337.

— T. Akomolafe-Wilson, JCA. Alabi v Audu (2017) – CA/A/494/2014

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THE EFFECT OF A PARTY’S PLEADING

It is very important to note that it is settled law that in an action based on pleadings issues are joined by the parties in their pleadings. It is also settled law that evidence on facts not pleaded ground to no issue. The existence or non-existence of fact is said to be in issue if the existence or non-existence of that fact is asserted by a party in his pleading and denied by the other party specifically, positively, and unequivocally.

– Onnoghen JSC. Dalek v. OMPADEC (2007)

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PARTIES AND THE COURT ARE BOUND BY THE PLEADINGS AND ISSUES JOINED

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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ISSUES ARE NOT JOINED ON POINTS OF LAW – LAW SHOULD NOT BE PLEADED

Ahmadu Bello University v. Molokwu it was held thus:- “It is unnecessary for parties to join issue on a point of law or statutory provisions once a statutory provision is found applicable, it would be applied by the court notwithstanding that parties have not joined issues on the point in their pleading.” The defendants/appellants just as in the present appeal contended that the law relied upon did not exist and therefore the plaintiffs/ respondents’ action must fail. The court in rejecting the contention held at page 286 that: “There is substance in the submission of the learned counsel for the appellant that there is no statute of Ahmadu Bello university know as Ahmadu Bello university calendar of 1986/1988. The reference may be one of lapsus calami. But if learned counsel’s objection is sustained. It would tantamount to giving reigns to technicality. Furthermore, if the submission is acceded to, it would be tacit acceptance and encouragement to reinstate the principle of law that law or statute or part thereof should be pleaded”.

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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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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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