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PARAGRAPHS OF PLEADINGS NOT SUPPORTED BY EVIDENCE WILL BE ABANDONED

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Dictum

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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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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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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THE NATURE OF PLEADINGS – IMPORTANCE

In the case of Osondu Co Ltd. and Anor v. Akhigbe (1999) LPELR – 1433 (SC), the Supreme Court per Uwaifo, JSC, held as follows: “It must be realized that pleadings is a statement of candour as to what a party to a case relies on to prove or defend a cause. It ought to be made as clear as it possibly can, not evasive or misleading or ambiguous. Each party must endeavor to place and must be presumed to have placed, all necessary pleadable acts on record the best way it can in order to achieve the best of its case. It must put the other party and the Court on a firm understanding of what the issues joined or denied, or issues admitted or not admitted. Pleadings are the guiding light by which all concerned trace the path to the justice of a case. That path should not be hampered by and littered with stumbling blocks of uncertainties, misrepresentations and ambushes embedded in the averments. That will be an effort to spring surprises and will not be proper pleadings. As was said by Phillimore J., in The Why Not (1888) LR 2A and E. 265 and quoted with approval in Enwezor v. Central Bank of Nigeria (1976) 3 SC 45 at 56 Per Madarikan, JSC, pleadings “…are not to be considered as constituting a game of skill between the advocates. They ought to be so framed as not only to assist the party in the statement of his case but the Court in its investigation of the truth between the litigants.”

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WHEN APPLICATION TO AMEND PLEADINGS WILL BE REJECTED

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)

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THERE MUST BE A SPECIFIC DENIAL PLEADINGS BY THE OTHER PARTY

In the case of Messrs. Lewis & Peat (N.R.I.) Ltd. v. Akhimien ( 1976) 7 S.C. 157 at page 163-4 where he stated: “We must observe, however, that in order to raise an issue of fact in these circumstances there must be a proper traverse: and traverse must be made either by a denial or non-admission either expressly or by necessary implication. So that if a defendant refuses to admit a particular allegation in the statement of claim, he must state so specifically; and he does not do this satisfactorily by pleading thus: ‘defendant is trot in a position to admit or deny (the particular allegation on the statement of claim) and will at the trial put plaintiff to proof.” … We are, of course, not unmindful of the first paragraph of the statement of defence. Nowadays almost every statement of defence contains such a general denial. (See Warner v. Sampson (1959) 1 Q.B. 287 at 310-311. However, in respect of essential and material allegations such a general denial ought not be adopted; essential allegations should be specifically traversed. (See Wallersteins v. Moir (1974) 1 W.L.R. 991 at 1002 per Lord Denning, M.R.; also Bullen & Leake & Jacobs, Precedents of Pleadings 12th Edition 83).

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PLEADINGS BOUND PARTIES

Under our law and Rules of Procedure, parties must conduct their cases in accordance with their pleadings.

– Oputa JSC. Oniah v. Onyia (1989)

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