It must be remembered that it is a cardinal principle of the Rules of Practice that parties are bound by their pleadings and evidence led on matters not pleaded goes to no issue. Furthermore, any fact admitted in a party’s pleadings, need not be proved by the other party.
— Craig JSC. Uredi v. Dada (1998) – SC.106/1986
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Pleading, of course, is no evidence and a case is decided on the admissible evidence adduced before the court-see: Dumbo V Idugboe (1983) 1 SCNLR 29; (1983) 14 NSCC 22. A.S.H.D.C. v Emekwue (1996) – SC. 282/1989
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
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.”
With due deference to learned counsel for the appellants, the aim of amending pleadings in general is to enable the court to decide the rights of the parties, and not to punish them for mistakes made in the conduct of their cases by deciding otherwise than in accordance with their rights. The age of technicalities is now history. Substantial justice is the order of the day. So it is either you get moving on the train of justice or you get left behind, with the necklace of technicalities wrapped around your neck to keep you warm company or, on the other hand, to choke you.
– SANKEY, J.C.A, Awure v. Iledu (2007)
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
Ahmadu Bello University v. Molokwu it was held thus:- “It is unnecessary for parties to join issue on a point of law or statutory provisions once a statutory provision is found applicable, it would be applied by the court notwithstanding that parties have not joined issues on the point in their pleading.” The defendants/appellants just as in the present appeal contended that the law relied upon did not exist and therefore the plaintiffs/ respondents’ action must fail. The court in rejecting the contention held at page 286 that: “There is substance in the submission of the learned counsel for the appellant that there is no statute of Ahmadu Bello university know as Ahmadu Bello university calendar of 1986/1988. The reference may be one of lapsus calami. But if learned counsel’s objection is sustained. It would tantamount to giving reigns to technicality. Furthermore, if the submission is acceded to, it would be tacit acceptance and encouragement to reinstate the principle of law that law or statute or part thereof should be pleaded”.
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