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PLEADING IS NO EVIDENCE

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Dictum

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

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EVIDENCE ON AVERMENTS NOT IN PLEADINGS GOES TO NO ISSUE

Now, it is now well settled that in civil proceeding commenced at the High Court, parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court.

– Oguntade JSC. Ejike v. Onukogu (2005)

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ESSENCE OF PLEADINGS

The essence of pleadings is to narrow down the issues in controversy and serves as a notice to the other party which is intended to alert him on what the party filing it intends to rely on to prove his case or to defend a cause. A party to an action is expected to plead material facts only. Pleadings therefore is never meant to substitute evidence required to prove the facts unless such facts are admitted by the other party. See Adegbite v. Ogunfaotu (1990) 4 NWLR (Pt. 146) 578. Okafoi v. UBN Plc (2000) 3 NWLR (Pt. 647) 42.

— A. Jauro, JCA. Chevron v. Aderibigbe (2011) – CA/L/76/04

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AVERMENTS IN PLEADINGS NOT ADMITTED MUST BE PROVED

An averment in pleadings is not and has never been considered as legal evidence unless the same has been admitted by the other side to the litigation. Accordingly an averment which is not admitted must be proved or established by evidence. An averment of a material fact in pleadings which is denied but is not established by evidence is worthless and must be discountenanced. In a sense, such an averment may in law be rightly regarded as abandoned. (See generally on the above, Akinfosile v. Ijose (1960) 5 F.S.C. 192; (1960) SCNLR 447; Muraina Akanmu v. Adigun (1993) 7 NWLR (Pt.304) 218 at 231; Obmiami Brick and Stone Ltd v. A.C.B. Ltd (1992) 3 NWLR (Pt.229) 260 at 293 and Anyah v. A.N.N Ltd. (1992) 6 NWLR (Pt.247) 319 at 331.)

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

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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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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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MATERIAL FACTS ARE WHAT ARE PLEADED NOT EVIDENCE

It is a trite and a resonated principle of our legal jurisprudence, that you plead material facts and not the evidence to be relied upon and the evidence to be relied upon can be tendered in support of those facts.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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