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PARTY WILL NOT BE ALLOWED TO LEAD EVIDENCE ON MATTER NOT PLEADED

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The elementary rule of pleading is that a party shall plead facts which he propose to rely upon in order to establish his own case. It is now trite law that a party will not be allowed to lead evidence in respect of facts not pleaded; or to lead evidence contrary to his pleading. The sole purpose of pleading is to ensure that the parties to the case know the case they will meet at the trial, to obviate element of surprise. Pleading saves time and brings out clearly the issues in the case.

— Olatawura JSC. African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994)

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pleadings

AMENDMENT OF PLEADINGS – PARTY WILL NOT BE DISALLOWED

Let me pause here to say one or two words on amendment of pleadings. Amendment of pleadings is part of the judicial process and we cannot run away from it. We cannot even avoid it. The courts are mostly receptive to applications for amendment. They accommodate applications for amendment most of the time. Apart from the understandably relaxed and accommodating nature of our adjectival Law on the issue, courts of law, by their nature and institutional upbringing are reluctant and loath to shut their gates against willing litigants midstream in the presentation of their claims and rights in terms of available facts. Since that is not consistent with the basic rules of fair hearing and natural justice, the courts, in most cases, grant applications for amendment of pleadings.

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

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PLEADING IS THE LIFE WIRE OF PROCEEDING IN ADVERSARIAL SYSTEM

Pleading is the life wire of the proceeding in our adversorial system of civil jurisprudence – the main function of which is to focus with much certainty as far as possible the various matters actually in dispute amongst the parties and those in which there is agreement between the parties by avoiding element of surprise being sprung on the opposite party. George v. U.B.A. Ltd. (1972) 8-9 SC 264; Oduka v. Kasumu (1968) NMLR 28; George v. Dominion Flour Mills Ltd. (1963) 1 SCNLR 117.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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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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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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PLEADINGS: LEGAL RESULT OF THE DOCUMENT NEED NOT BE STATED

On issue of whether the respondent should have pleaded the legal effect of the notice of the breach as a fact before it is tendered. This is a clear misconception of the modern rule on pleadings. The strict rigid old legal terminology of pleading have since changed in line with new procedures. The pleader is not bound to state the legal result of a document pleaded or fact pleaded.

– Agim JSC. Pillars v. William (2021)

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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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