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APPLICATION TO DISMISS AN ACTION WILL BE DETERMINED ON STATEMENT OF CLAIM ONLY

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Dictum

It is settled principle of law that when a Defendant files an application (such as the one that has given rise to this appeal) to strike out or dismiss an action on the ground that it disclosed no reasonable cause of action, he is, for the purpose of the application, taken to have admitted the facts alleged in the Statement of Claim. And in the determination of the application, the Court is bound to restrict itself to the Statement of Claim and to proceed on the assumption that the facts therein have been although the facts in the Statement of Claim are admitted, the Plaintiff has not, on the face of such facts, made out a case to warrant a trial or that he has, in law, a complete answer to the Plaintiffs case. See F.C.D.A. v NAIBI (1990) 3 N.W.L.R. (Part 138) 270 at 281; IMANA v ROBINSON (1979) 3-4 SC 1 at 9-10; U.D.C. v LADIPO (1971) 1 ALL N.L.R. 102; FADARE v A.G. OYO STATE (1982) 4 SC 1; TANDON v CFAO of ACCRA 10 WACA 186; AKANBI v ALAO (1989) 3 N.W.L.R. (Part 108) 118 at 140 and 153; EGBE v ADEFARASIN (1985) 1NWLR (Part 3) 549 at 556.

— F.F. Tabai JSC. Stephens Eng. Ltd. v. S.A. Yakubu (2009) – SC.153/2002

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PARTIES BOUND BY PLEADINGS – EVIDENCE NOT PLEADED

It is elementary law that parties are bound by their pleadings and facts not pleaded will go to no issue. In other words, evidence on facts not pleaded will not avail the party relying on the evidence.

– Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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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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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)

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GENERAL TRAVERSE IS NOT AN EFFECTIVE DENIAL

A general traverse is not an effective denial of essential or material averments in the opposing party’s pleading. – Kekere-Ekun, J.S.C. Union Bank v. Chimaeze (2014)

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PLEADING IS NO EVIDENCE

Pleading, of course, is no evidence and a case is decided on the admissible evidence adduced before the court-see: Dumbo V Idugboe (1983) 1 SCNLR 29; (1983) 14 NSCC 22. A.S.H.D.C. v Emekwue (1996) – SC. 282/1989

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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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