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)
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At the trial, a party is bound by the pleadings and shall not be permitted to set up a different case. It is not open to a party to depart from his pleadings and put up an entirely new case. Matters not pleaded go to no issue and should not be admitted in evidence and,...
The object of pleadings is to state succinctly and accurately the issues for trial and to appraise the other side of the issues which it would meet in court. A defendant cannot rely on a defence which is based upon facts not stated in the statement of claim or defence, unless he pleads such facts...
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....
Akinola & Anor. v. Solano (1986) 4 SC 106, where the Supreme Court per Oputa JSC, (God bless his soul) had stated inter alia thus: “It is time Courts…begin looking critically at the pleadings and where appropriate giving judgement on the pleadings, if no triable issue of fact, Plaintiff’s case should be considered on his...
Pleadings just like other civil claims is a prerequisite to the establishment of a claim and in this case negligence. Failure to plead relevant facts would automatically defeat the claim. The Respondent failed to do the needful and therefore did not merit to have judgment, I therefore agree with my brother that the appeal is...
It must be appreciated that there cannot be a better notice of a case a party intends to make than his pleading. It is a mere notice and can never be substituted for the evidence required in proof of the facts pleaded, subject however to an admission made by the other party. Unless through skilful...
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