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THE FUNCTION OF PLEADING IS TO DEFINE & DELIMIT REAL MATTERS IN CONTROVERSY

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Atolagbe v. Shorun (1985) 1 NWLR (Pt. 2) 360 at 365 where Coker, J.S.C. in dealing with the main function of pleadings in the trial of an action had this to say: – “The primary function of pleadings is to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases and upon which the court will be called to adjudicate between them. It is designed to bring the parties to an issue on which alone the court will adjudicate between them party is bound by his pleading and cannot go outside it to lead evidence or rely on facts which are extraneous to those pleaded.”

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COURTS MUST BE GUIDED BY PLEADINGS

Both courts must be fully guided by the pleadings, which in this case are the petition and the replies. If a witness gives oral evidence on what is not pleaded in either the petition or the reply, the evidence will be of no probative value based on the principle of law that parties are bound by their pleadings. If evidence is not led on a fact pleaded in either the petition or the reply the fact will be deemed to have been abandoned unless the fact was admitted by the adverse party. This is because pleadings have no mouth to talk and need human being with mouth and sense to articulate them in court. This principle of law will not apply where the particular pleading is admitted.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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HOW PLEADING OF FACT IS DONE

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

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COURT OF LAW MUST LIMIT ITSELF TO ISSUE RAISED IN PLEADINGS

Courts of law must, as a rule, limit themselves to the issues raised by the parties in their pleadings as to act otherwise might well result in the denial to one or the other of the parties of his constitutional right to fair hearing.

– Iguh, JSC. Clay v. Aina (1997)

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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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PARTIES ARE BOUND BY THEIR PLEADINGS AND CANNOT MAKE OUT A DIFFERENT CASE

The law is trite and held as very elementary that parties are bound by their pleadings and cannot make out a different case on appeal which is alien to that stated at the trial Court. The observation in that respect was rightly made by the lower Court and I so endorse.

— C.B. Ogunbiyi, JSC. Ibrahim v. Obaje (2017) – SC.60/2006

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FUNDAMENTAL AIM OF PLEADINGS

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

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