STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

THE IMPRECISENESS IN PLEADING NON-QUALIFICATION WITHOUT SUFFICIENT PARTICULARS

Reach more audience. Place advert here.

It must be noted, too, that under Section 131 of the 1999 Constitution of this country, there are as many as four different qualifications a person must possess before he can contest presidential election and another 10 different grounds that can disqualify such a candidate who has all the four qualifications of section 131. Therefore, an assertion that merely says that a person is not qualified to contest election by reason of non qualification, will leave not just the person so assailed but every other person involved, including the court, at a loss as to what the pleader has in mind. In fact, to allow such pleading will amount to upsetting the very essence of filing pleadings in a case, which is to give the adversary and the court a clear notice of the pleader’s case a point further fortified in Paragraph 16(1)(a) of the First Schedule to the Electoral Act 2022.

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

Was this dictum helpful?

SHARE ON

pleadings

AMENDMENT OF PLEADINGS – PARTY WILL NOT BE DISALLOWED

Let me pause here to say one or two words on amendment of pleadings. Amendment of pleadings is part of the judicial process and we cannot run away from it. We cannot even avoid it. The courts are mostly receptive to applications for amendment. They accommodate applications for amendment most of the time. Apart from the understandably relaxed and accommodating nature of our adjectival Law on the issue, courts of law, by their nature and institutional upbringing are reluctant and loath to shut their gates against willing litigants midstream in the presentation of their claims and rights in terms of available facts. Since that is not consistent with the basic rules of fair hearing and natural justice, the courts, in most cases, grant applications for amendment of pleadings.

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

Was this dictum helpful?

STATEMENT OF CLAIM, NOT DEFENCE, IS LOOKED AT TO DETERMINE COURT JURISDICTION

In a long line of decided authorities, it is now firmly settled that it is the Statement of Claim that is looked at in determining whether or not, a court has jurisdiction to entertain and determine any suit or matter and not at the defence. (See Chief Adeyemi & others v Opevori (1976) 9-10 SC 31; The Attorney-General, Anambra State & 13 others v The Attorney-General of the Federation & 16 others (1994) 3 NWLR (Part 335) 659; (1994) 4 SCNJ 30). — Ogbuagu JSC. AG Kano State v AG Federation (2007) – SC 26/2006

Was this dictum helpful?

WHERE THERE IS VARIANCE IN PLEADINGS AND THE EVIDENCE, THE ACTION IS BOUND TO FAIL

It is clear from the foregoing that the claim of the plaintiffs as disclosed in the writ of summons and statement of claim was not supported by the evidence of the trial. It is well settled law that parties are bound by their pleadings. Where there is variance between the claim the pleadings and evidence, the action is bound to fail- See Ogiamen v. Ogiamen (1967) NMLR. 245.

— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)

Was this dictum helpful?

AVERMENTS IN PLEADINGS NOT ADMITTED MUST BE PROVED

An averment in pleadings is not and has never been considered as legal evidence unless the same has been admitted by the other side to the litigation. Accordingly an averment which is not admitted must be proved or established by evidence. An averment of a material fact in pleadings which is denied but is not established by evidence is worthless and must be discountenanced. In a sense, such an averment may in law be rightly regarded as abandoned. (See generally on the above, Akinfosile v. Ijose (1960) 5 F.S.C. 192; (1960) SCNLR 447; Muraina Akanmu v. Adigun (1993) 7 NWLR (Pt.304) 218 at 231; Obmiami Brick and Stone Ltd v. A.C.B. Ltd (1992) 3 NWLR (Pt.229) 260 at 293 and Anyah v. A.N.N Ltd. (1992) 6 NWLR (Pt.247) 319 at 331.)

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

Was this dictum helpful?

FOUR REASONS WHY AMENDMENT OF PLEADINGS MAY ARISE

Amendments arise because of a number of reasons. I can identify four main reasons here. First, at the time of filing the pleadings, the factual situation sought to be amended was not available or if available was not within the reasonable anticipation of the party and his counsel, employing all diligence and intellectual resources at their command. Second, although the factual situation sought to be amended existed at the time the pleadings were filed, human idiosyncrasies, human lapses and human frailties resulted in its non-inclusion. This could either be the fault of the party or counsel or both. . Third, when there is a Reply to either the Statement of Claim or the Statement of Defence. Four, when the court suo motu raises a factual situation. Since this last reason is not consistent with our adversary system, a trial Judge should only resort to it when it is absolutely necessary so to do and in the overall interest of the parties. He cannot do so willy nilly and by his whims.

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

Was this dictum helpful?

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

Was this dictum helpful?

No more related dictum to show.