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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It is settled that evidence led on any matter not pleaded goes to no issue and ought to be disregarded when giving judgment. – Kutigi JSC. Amadi v. Nwosu (1992)
It is clear from the foregoing that the claim of the plaintiffs as disclosed in the writ of summons and statement of claim was not supported by the evidence of the trial. It is well settled law that parties are bound by their pleadings. Where there is variance between the claim the pleadings and evidence, the action is bound to fail- See Ogiamen v. Ogiamen (1967) NMLR. 245.
— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)
While I come to the conclusion that the appellants did not plead co-ownership, I should not be taken as making the point that they should have included in their pleadings, the legal word of co-ownership or its synonym joint-ownership. That is not what I mean. As a matter of law, a party cannot plead law in his pleadings. Although there are exceptions here and there to this general principle of law, particularly as it relates to the plea of some specific defences to certain actions, the matter before me, does not extend to that. All that the appellants were expected to do was to plead enough facts upon which the law of co-ownership can stand and keep its shoulders high, awaiting the lawyer to replenish it with either statutory authorities or decided case. But that was not done here, and the trial Judge, could not have supplied it. .
— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89
It is well settled that every pleading must state facts and not law. A party is not expected to plead conclusions of law or mixed fact and law. However, conclusions of law can be drawn from material facts pleaded. It is also unnecessary to set out in a pleading content of a public statute.
– Karibe-Whyte, JSC. Finnih v. Imade (1992)
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
I have carefully considered the submissions of the parties and the judicial authorities cited. It is trite that adversarial civil litigation is basically fought on pleadings. It is the foundation of the parties’ respective cases. The general principle of law is that such pleadings must sufficiently and comprehensively set out material facts, so as to ascertain with certainty and clarity the matters or issues in dispute between the parties. This is because the purpose of pleadings is to give adequate notice to the adversary of the case he is to meet and to afford him the opportunity to properly respond to such case. Its aim is to bring to the knowledge of the opposite side and the court, all the essential facts. It is therefore a safeguard against the element of surprise. See: SODIPO V LEMMINKAINEN OY & ANOR (1985) LPELR-3088(SC) at page 56, para. F, per Oputa, JSC; ODOM & ORS v PDP & ORS (2015) LPELR-24351(SC); ALHASSAN & ANOR v ISHAKU & ORS (2016) LPELR-40083(SC); and PDP v INEC & 3 ORS (supra).
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023
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