Judiciary-Poetry-Logo
JPoetry

RATIONALE BEHIND PLEADINGS

Reach more audience. Place advert here.

Dictum

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

Was this dictum helpful?

SHARE ON

COURT OF LAW MUST LIMIT ITSELF TO ISSUE RAISED IN PLEADINGS

Courts of law must, as a rule, limit themselves to the issues raised by the parties in their pleadings as to act otherwise might well result in the denial to one or the other of the parties of his constitutional right to fair hearing.

– Iguh, JSC. Clay v. Aina (1997)

Was this dictum helpful?

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

Was this dictum helpful?

COURT TO DETERMINE CASE BASED ON THE PLEADINGS

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)

Was this dictum helpful?

MATERIAL FACTS ARE WHAT ARE PLEADED NOT EVIDENCE

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)

Was this dictum helpful?

PARAGRAPHS OF PLEADINGS NOT SUPPORTED BY EVIDENCE WILL BE ABANDONED

It is settled law that a party will only be permitted to call evidence to support his pleadings and evidence which is contrary to his pleadings must be ignored or expunged when considering the case (see for example The National Investment & Properties Co. Ltd. v. The Thompson Organisation Ltd & Ors. (1969) NMLR 99. Where also a party’s pleadings is not supported by evidence, those paragraphs of the pleadings will certainly be deemed to have been abandoned (see Alhaji Bala & Ors v. Mrs. Bankole (1986) 3 NWLR (Pt.27) 141).

– Kutigi JSC. Magnusson v. Koiki (1993) – SC.119/1991

Was this dictum helpful?

PLEADINGS SHOULD BE CONCISE PRESENTATION OF FACTS

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

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.