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PARAGRAPHS OF PLEADINGS NOT SUPPORTED BY EVIDENCE WILL BE ABANDONED

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It is settled law that a party will only be permitted to call evidence to support his pleadings and evidence which is contrary to his pleadings must be ignored or expunged when considering the case (see for example The National Investment & Properties Co. Ltd. v. The Thompson Organisation Ltd & Ors. (1969) NMLR 99. Where also a party’s pleadings is not supported by evidence, those paragraphs of the pleadings will certainly be deemed to have been abandoned (see Alhaji Bala & Ors v. Mrs. Bankole (1986) 3 NWLR (Pt.27) 141).

– Kutigi JSC. Magnusson v. Koiki (1993) – SC.119/1991

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pleadings

PURPOSE OF PLEADINGS IN CIVIL CASES

I have carefully considered the submissions of the parties and the judicial authorities cited. It is trite that adversarial civil litigation is basically fought on pleadings. It is the foundation of the parties’ respective cases. The general principle of law is that such pleadings must sufficiently and comprehensively set out material facts, so as to ascertain with certainty and clarity the matters or issues in dispute between the parties. This is because the purpose of pleadings is to give adequate notice to the adversary of the case he is to meet and to afford him the opportunity to properly respond to such case. Its aim is to bring to the knowledge of the opposite side and the court, all the essential facts. It is therefore a safeguard against the element of surprise. See: SODIPO V LEMMINKAINEN OY & ANOR (1985) LPELR-3088(SC) at page 56, para. F, per Oputa, JSC; ODOM & ORS v PDP & ORS (2015) LPELR-24351(SC); ALHASSAN & ANOR v ISHAKU & ORS (2016) LPELR-40083(SC); and PDP v INEC & 3 ORS (supra).

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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THE FUNCTION OF PLEADING IS TO DEFINE & DELIMIT REAL MATTERS IN CONTROVERSY

Atolagbe v. Shorun (1985) 1 NWLR (Pt. 2) 360 at 365 where Coker, J.S.C. in dealing with the main function of pleadings in the trial of an action had this to say: – “The primary function of pleadings is to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases and upon which the court will be called to adjudicate between them. It is designed to bring the parties to an issue on which alone the court will adjudicate between them party is bound by his pleading and cannot go outside it to lead evidence or rely on facts which are extraneous to those pleaded.”

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PARTIES ARE BOUND BY THEIR PLEADINGS

As the parties are adversaries, each one is bound by his case as framed in his pleadings. That being so, the Defendant/Appellant will not be allowed to set up (at the hearing as he did) an entirely different case without any prior amendment to his pleadings: African Continental Seaways Ltd. v. Nigerian Dredging Roads General Works Ltd. (1977) 5 S.C. 235 at p.249.

— Oputa, JSC. Salawu Ajide V. Kadiri Kelani (SC.76/1984, 29 Nov 1985)

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APPLICATION TO DISMISS AN ACTION WILL BE DETERMINED ON STATEMENT OF CLAIM ONLY

It is settled principle of law that when a Defendant files an application (such as the one that has given rise to this appeal) to strike out or dismiss an action on the ground that it disclosed no reasonable cause of action, he is, for the purpose of the application, taken to have admitted the facts alleged in the Statement of Claim. And in the determination of the application, the Court is bound to restrict itself to the Statement of Claim and to proceed on the assumption that the facts therein have been although the facts in the Statement of Claim are admitted, the Plaintiff has not, on the face of such facts, made out a case to warrant a trial or that he has, in law, a complete answer to the Plaintiffs case. See F.C.D.A. v NAIBI (1990) 3 N.W.L.R. (Part 138) 270 at 281; IMANA v ROBINSON (1979) 3-4 SC 1 at 9-10; U.D.C. v LADIPO (1971) 1 ALL N.L.R. 102; FADARE v A.G. OYO STATE (1982) 4 SC 1; TANDON v CFAO of ACCRA 10 WACA 186; AKANBI v ALAO (1989) 3 N.W.L.R. (Part 108) 118 at 140 and 153; EGBE v ADEFARASIN (1985) 1NWLR (Part 3) 549 at 556.

— F.F. Tabai JSC. Stephens Eng. Ltd. v. S.A. Yakubu (2009) – SC.153/2002

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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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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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