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HOW PLEADING OF FACT IS DONE

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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

FAILURE TO PLEAD RELEVANT FACTS DEFEATS THE CLAIM

Pleadings just like other civil claims is a prerequisite to the establishment of a claim and in this case negligence. Failure to plead relevant facts would automatically defeat the claim. The Respondent failed to do the needful and therefore did not merit to have judgment, I therefore agree with my brother that the appeal is meritorious and succeeds.

– Nimpar JCA. Diamond Bank v. Mocok (2019)

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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)

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PLEADINGS SHOULD NOT CONTAIN LAW OR MIXED LAW & FACT

It is well settled that every pleading must state facts and not law. A party is not expected to plead conclusions of law or mixed fact and law. However, conclusions of law can be drawn from material facts pleaded. It is also unnecessary to set out in a pleading content of a public statute.

– Karibe-Whyte, JSC. Finnih v. Imade (1992)

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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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FOUR REASONS WHY AMENDMENT OF PLEADINGS MAY ARISE

Amendments arise because of a number of reasons. I can identify four main reasons here. First, at the time of filing the pleadings, the factual situation sought to be amended was not available or if available was not within the reasonable anticipation of the party and his counsel, employing all diligence and intellectual resources at their command. Second, although the factual situation sought to be amended existed at the time the pleadings were filed, human idiosyncrasies, human lapses and human frailties resulted in its non-inclusion. This could either be the fault of the party or counsel or both. . Third, when there is a Reply to either the Statement of Claim or the Statement of Defence. Four, when the court suo motu raises a factual situation. Since this last reason is not consistent with our adversary system, a trial Judge should only resort to it when it is absolutely necessary so to do and in the overall interest of the parties. He cannot do so willy nilly and by his whims.

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

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PARAGRAPHS IN PLEADINGS READ TOGETHER

Paragraphs in pleadings are not read in isolation but read together to obtain the total story of the parties. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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