AVERMENTS IN PLEADINGS NOT ADMITTED MUST BE PROVED

MATTERS NOT DENIED IN THE PLEADINGS ARE DEEMED ADMITTED

The principle of pleadings has time and again been explained in law books and decided cases in this country that I shall be on the superfluous side to cite them. But suffice to restate that pleadings are meant primarily to let parties know each other’s case. They can even settle issues so as to save the Court’s time, by agreeing on those facts not in contest and leaving the Court to decide from received evidence based on those facts in pleadings contested, the justice of the case. Therefore all matters not denied in the pleadings whether raised in the statement of claim or statement of defence are taken as admitted. Facts emerging from any pleading, raising new matters and throwing new light on the adversary’s averment must be denied. If not denied, they are taken as admitted because there is no element of surprise or embarrassment. There are those occasions when Court suo motu can amend pleadings so as to bring the issues being fought by the parties into proper focus, but this is possible only when such amendment will not raise new issue or give the dispute of the parties entirely new colouration. The Judge who will suo motu amend of course must invite the parties to address him. Amusa Yesufu Oba v. Hunmuani Ajoke (see Olisa Chukura’s Privy Council judgments 1841-1943) at page 1018; Ambrosini v. Tinko (1929) IX N.L.R.8.

— Belgore, JSC. Ogunleye v Oni (1990) – S.C. 193/1987

WHERE PLEADINGS RAISE NO TRIABLE ISSUE OR DEFENSE

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 pleading and the applicable law. Where the Plaintiffs statement of claim does not disclose a cause of action … instead of filing a Statement of Defense, the Defendant should move the Court to have the case dismissed. Alternatively, where the Statement of Defense does not answer, deny …. the essential facts on which the Plaintiff’s case rests, the Plaintiff should be courageous enough to ask for judgement on his Statement of Claim.”

FOREIGN LAW IS A QUESTION OF FACT TO BE PLEADED

In the case of PEENOK INVESTMENTS LTD. v. HOTEL PRESIDENTIAL (1982) 12 SC (REPRINT) the Supreme Court per A.G. IRIKEFE JSC stated that as a general proposition of law, foreign law is a question of fact which should be pleaded and proved in a trial Court.

WHAT IS THE PURPOSE OF PLEADINGS – PLEADING FACTS NECESSARY – RESULTING TRUST

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 specifically e.g. fraud. So, where a party intends to rely on a special defence, such as resulting trust, it is sufficient if he pleads enough facts as pointing to such special defence. Such defence can be inferred from the facts raised in the pleading.

– Musdapher, JSC. Atta v. Ezeanah (2000)