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GENERAL TRAVERSE OF FACTS

Dictum

Anah v. Nnacho (1965) NMLR 28 at 31 the Supreme Court in considering a general traverse stated thus: “Now it seems clear that the cumulative effect of these two paragraphs is that the appellants joined issue with respondents in respect of all the lands described in the pink area of Exhibit 2. By common practice a general traverse in the form of paragraph 15 of the statement of defence has always been accepted and when employed it puts the opponent to proof of the facts stated or alleged.”

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FUNDAMENTAL AIM OF PLEADINGS

One fundamental aim of pleadings is to give notice to the adverse party of what he is going to meet at the trial. He should not be kept in the limbo. He should not be in dark. He should not be kept in abeyance. He is entitled to know the case of the opponent well before trial commences. And so when a part;, states his case in his pleadings, he cannot depart from it, unless the court allows him to do so. And the court can allow him to so depart by allowing an amendment to the original pleadings. And this must be based on an application. If parties are allowed to move in and out of their pleadings at will, the litigation will be more of a game of speculation, particularly as it relates to the facts relied upon by parties. If parties are allowed to move in and out of their pleadings, then there will be no end to litigation as they can freely introduce mid-stream any issue not pleaded to the disadvantage and surprise of the adverse party. That will be over-reaching the adverse party. That is not right. No, not at all.

— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89

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FACT ADMITTED WHERE NO DENIAL

It is still the law that where a defendant fails to deny specifically an allegation of fact in the Statement of Claim and a denial cannot be reasonably inferred from the defendant’s pleadings that fact will be taken as admitted and therefore regarded as established at the hearing without further proof.

– Onnoghen JCA. Union Bank v. Akinrinmade (1999)

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COURT TO DETERMINE CASE BASED ON THE PLEADINGS

There is no gainsaying the settled principle of law to the effect that the Court is bound to determine the case before it, as made out by the pleadings of the parties, particularly the Claimant’s or Plaintiff’s cause of action.

– Tukur JCA. Odulate v. FBN (2019)

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WHERE THERE IS VARIANCE IN PLEADINGS AND THE EVIDENCE, THE ACTION IS BOUND TO FAIL

It is clear from the foregoing that the claim of the plaintiffs as disclosed in the writ of summons and statement of claim was not supported by the evidence of the trial. It is well settled law that parties are bound by their pleadings. Where there is variance between the claim the pleadings and evidence, the action is bound to fail- See Ogiamen v. Ogiamen (1967) NMLR. 245.

— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)

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HOW PLEADING OF FACT IS DONE

How now should the respondent have pleaded the invalidity of the transaction? In considering whether the invalidity of the transaction was pleaded, I must bear in mind the fact that pleadings are no longer required to be technical in formulation. Subject to the requirement that parties must not offend against any of the known rules of pleadings as laid down by law, such as that they should not plead evidence or omit to plead facts which, when proved, may result in surprise to the other side, or facts which are frivolous or vexatious, or which may tend to prejudice, embarrass or delay the trial of the action, all that a pleader is now required to do in such a case is, where necessary, to allege illegality or invalidity and plead facts from which inferences of law thereof could be drawn: see on this Knowles v. Roberts (1888) 38 Ch.D. 263, at p.270 to 271; Willis v. Lovick (1901) 2 K.B. 195. That is the proper rule. But the court will itself take notice of the illegality or invalidity of a contract on which a party is relying if it appears on the face of the contract or from the facts pleaded, although the party has not expressly averred that it is illegal or invalid: see Windhill Local Board v. Vint (1890) 45 Ch.D 357; Gedge v. Royal Exchange Assurance (1900) 2 Q.B. 214.

— Nnaemeka-Agu, JSC. Adesanya v Otuewu (1993) – SC.217/1989

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PLEADINGS TELL WHAT A PARTY IS SEEKING

There is also no doubt that in order to determine what the cause or reason for which the party seeking relief has come to the Court, regard must be had to that party’s pleadings, particularly the statement of claim. It is from there that the Court will be properly guided as to what set of facts the party is presenting as grounding his claim, the applicable principles of law and the legal remedy the party is seeking.

– Tukur JCA. Odulate v. FBN (2019)

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