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PARTIES ARE BOUND BY THEIR PLEADINGS

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It is trite law that parties are bound by their pleadings: See Obimiami Brick and Stone (Nig.) v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260. The essence of pleadings is to compel the parties to define accurately and precisely the issues upon which the case between them is to be fought to avoid element of surprise by either party. It also guides the parties not to give evidence outside the facts pleaded as evidence on a fact not pleaded goes to no issue – see Onwuka v. Omogui (1992) 3 NWLR (Pt.230) 393; Emegokwue v. Okadigbo (1973) 4 SC 113.

— Katsina-Alu JSC. Engineer Bayo Akinterinwa & Anor V. Cornelius Oladunjoye (SC.98/94, 7 April 2000)

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PLEADINGS ARE CLOSED WHEN PARTIES JOIN ISSUES – REPLY MAY BE UNNECESSARY

Pleadings are closed when parties join issues in a case. Where both the statement of claim and the statement of defence do not bring the parties to issue on all the claims, the plaintiff shall file a reply. However, where no counter-claim is filed, further pleadings by way of reply to a statement of defence is unnecessary if the sole purpose is to deny the averments in the statement of defence. SeeIshola v. S.G.B. (Nig.) Ltd. (1997) 2 NWLR (Pt. 488) 405 SC. In Egesumba v. Onuzuryike (2002) 15 NWLR (Pt.791) 466 at 499 Ayoola JSC, expatiated thus “Where, of course, the plaintiff seeks to contradict the allegations in the statement of defence not merely by traverse but by raising issues of fact which would take the defendant by surprise, he should raise such issues by a reply. But, even then, the consequence of his not so raising it is not that he is taken to have admitted the truth of the allegations of fact in the statement of defence so as to free the defendant from the obligation to lead evidence in proof of what he alleges, but to deprive the plaintiff from adducing evidence of facts not pleaded or already raised by the pleadings as they stand. Tobi JSC at p. 519 of the report also clarified that:- “(iv) In order to allow a party to file a reply the trial Court must be satisfied that both the statement of claim and the statement of defence filed by the parties have not, when read together, sufficiently disclosed and fixed the real issues between the parties and that further pleadings in the reply to be filed will achieve the purpose of bringing the parties to an issue.”

— T. Akomolafe-Wilson, JCA. Alabi v Audu (2017) – CA/A/494/2014

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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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GENERAL TRAVERSE – NOT IN POSITION TO DENY

In law, an issue of fact on which the parties are ad idem or on which the adverse party did not effectively traverse are deemed to have been admitted and would thus require no further proof as they are taken as having been duly established. A general traverse or averment that a party is not in position to either admit or deny an allegation made by the other party does not amount to effective denial as to put such a fact in issue to be proved by the party so alleging. See paragraph 34 of the Statement of claim of the 1st 4th Respondents. See also paragraph 3 of the Statement of defence of the Appellant.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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DEPARTING FROM PLEADINGS GOES TO NO ISSUE

This was raised by the appellant who claimed that it became his property on dissolution of the partnership and ceased to be partnership property. Having raised it, the onus of proof lay on him to establish by evidence that the property ceased to be partnership property. That is the law. However, he claimed in his testimony that the property was never partnership property but his own personal property. Since this was a departure from the pleadings, it went to no issue. Further, the Court will not allow a party to depart from the case set out in his pleadings. See Abimbola George v. Dominion Flour Mills (1963) All NLR. 71.

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

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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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MANDATORY REQUIREMENTS OF PLEADINGS IN ELECTION PETITION

The requirements of pleadings in election petitions are primarily provided in Paragraph 4 of the 1st Schedule to the Electoral Act, 2022. Specifically, Paragraph 4(1)(d) mandates that “an election petition shall state clearly the facts of the election petition and the ground or grounds on which the petition is based and the reliefs sought by the Petitioner.” Subparagraph (2) of the same paragraph further provides that “the election petition shall be divided into paragraphs each of which shall be confined to a distinct issue or major facts of the election petition, and every paragraph shall be numbered consecutively.” In addition to the provision of Paragraph 4 of the 1st Schedule to the Electoral Act, Paragraph 54 of the same Schedule to the Act has made applicable to Election Petitions the Rules of Civil Procedure in the Federal High Court of 2019, subject to such modifications as would bring same in conformity with the provisions of the Act. By Order 13 Rule 4 of the Federal High Court (Civil Procedure) Rules, 2019, every party to an election petition shall ensure that averments in their pleadings “contain in a summary form the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, and numbered consecutively.” By subparagraph (4) of that Rule, such facts contained in the pleading must “be alleged positively, precisely and distinctly, and as briefly as is consistent with a clear statement.” The aforementioned provisions contained in the 1st Schedule to the Electoral Act, 2022, as well as the Federal High Court Rules, 2019 state the mandatory requirements of pleadings in election petitions.

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

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