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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On issue of whether the respondent should have pleaded the legal effect of the notice of the breach as a fact before it is tendered. This is a clear misconception of the modern rule on pleadings. The strict rigid old legal terminology of pleading have since changed in line with new procedures. The pleader is not bound to state the legal result of a document pleaded or fact pleaded.
– Agim JSC. Pillars v. William (2021)
MAGNUSSON VS. KOIKI (1993) 12 SCNJ 114 held 5, the Supreme Court said: “Averments of facts on pleadings must be distinguished from facts deposed to in affidavit in support of application before a court. Whereas the former, unless admitted, constitutes no evidence, the latter are by law, evidence upon which a Court of Law may, in appropriate cases, act.”
The rules for the grant of amendment of pleadings are therefore very flexible and a matter within the discretion of the Judge. Nevertheless, an application to amend pleadings should be refused where: (1) It will entail injustice to the respondent. (2) The applicant is acting mala fide. (3) By his blunder, the applicant has done some injury to the respondent which cannot be compensated by costs or otherwise.
– SANKEY, J.C.A, Awure v. Iledu (2007)
Under our law and Rules of Procedure, parties must conduct their cases in accordance with their pleadings.
– Oputa JSC. Oniah v. Onyia (1989)
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)
The elementary rule of pleading is that a party shall plead facts which he propose to rely upon in order to establish his own case. It is now trite law that a party will not be allowed to lead evidence in respect of facts not pleaded; or to lead evidence contrary to his pleading. The sole purpose of pleading is to ensure that the parties to the case know the case they will meet at the trial, to obviate element of surprise. Pleading saves time and brings out clearly the issues in the case.
— Olatawura JSC. African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994)
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