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COURTS MUST BE GUIDED BY PLEADINGS

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Dictum

Both courts must be fully guided by the pleadings, which in this case are the petition and the replies. If a witness gives oral evidence on what is not pleaded in either the petition or the reply, the evidence will be of no probative value based on the principle of law that parties are bound by their pleadings. If evidence is not led on a fact pleaded in either the petition or the reply the fact will be deemed to have been abandoned unless the fact was admitted by the adverse party. This is because pleadings have no mouth to talk and need human being with mouth and sense to articulate them in court. This principle of law will not apply where the particular pleading is admitted.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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STATUTES ARE NOT TO BE PLEADED IN PLEADINGS

The position of the Appellant’s learned Counsel that the Appellant did not need to plead the provisions of p.4 of the Chinese Regulation concerning the transport of hazardous goods stems from the stated position that pleadings need no longer be technical and that it is no longer necessary to plead statutes and sections of statutes but that it is sufficient if the material facts only are pleaded.

– O. Daniel-Kalio, JCA. Egypt v. Abdoulaye (2017) – CA/K/540/2014

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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

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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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ALLEGATIONS RAISED MUST BE SPECIFICALLY DENIED TO NOT CONSTITUTE ADMITTANCE

On the manner of denial that would be sufficient to raise an issue of dispute, this Court held, in the case of Nickok Best Intl Ltd v UBA (2018) LPELR – 45239 (CA) per Mohammed Lawal Garba JCA (as he then was) at Page 9 Para B-E: “Where vital and material fact/s in a party’s case are not so specifically, frontally and categorically denied and disputed, they are deemed admitted by the other party. Dosunmu v. Dada (2002) 13 NWLR (783), NNPC v. Sele (2004) 5 NWLR (866) 379, Jadcom Limited v. OgunsElectrs (2004) 3 NWLR (859) 153. In that regard, general, obtuse, indistinct, unspecific and evasive averments in respect of specific, crucial, positive and distinct facts are considered not enough and not effective controversion or traverse to raise an issue of dispute that would warrant proof in a case”.

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

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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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FACTS / AVERMENTS PLEADED BUT NOT CONTROVERTED ARE DEEMED ADMITTED

It is a general principle of law that facts pleaded, or averments deposed to in an affidavit, if not specifically challenged or controverted, are deemed admitted and require no further proof, except where the facts are obviously false to the knowledge of the court. There is a plethora of authorities on this, such as, The Honda Place Ltd. Vs Globe Motor Holdings Nig. Ltd. (supra), Ajomale Vs Yaduat (No.2) (supra); Ogunleye Vs Oni (1990) 4 SC 130; CBN Vs Interstella Communications Ltd. (2017) LPELR 43940 (SC) @ 620; Nishizawa Ltd Vs Jthwani (1984) 12 SC 234.

– O.K. Kekere-Ekun, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016

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