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THE STAGE PLEADINGS ARE SETTLED

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The respondent, as plaintiff produced exhibits M, M1 photograph and negative to support averment in her pleadings that she is the daughter of L.O. Ukeje (deceased). The defendant/appellant denied the averment in the plaintiff’s pleadings. At that stage pleadings are settled. At trial, if the defendant seeks to disprove the plaintiffs documentary evidence (i.e. exhibits M, M1) which was used to support her claim to being the daughter of the deceased, the defendant is not bound to plead that the plaintiff’s documentary evidence is false, fraudulent or forged. The defendant is to cross-examine him and lead evidence to show beyond reasonable doubt that exhibit M, M1 are forgeries. This the defendants appellants were unable to do.

– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)

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FACT ADMITTED WHERE NO DENIAL

It is still the law that where a defendant fails to deny specifically an allegation of fact in the Statement of Claim and a denial cannot be reasonably inferred from the defendant’s pleadings that fact will be taken as admitted and therefore regarded as established at the hearing without further proof.

– Onnoghen JCA. Union Bank v. Akinrinmade (1999)

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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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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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WHAT IS THE PURPOSE OF PLEADINGS – PLEADING FACTS NECESSARY – RESULTING TRUST

The object of pleadings is to state succinctly and accurately the issues for trial and to appraise the other side of the issues which it would meet in court. A defendant cannot rely on a defence which is based upon facts not stated in the statement of claim or defence, unless he pleads such facts specifically e.g. fraud. So, where a party intends to rely on a special defence, such as resulting trust, it is sufficient if he pleads enough facts as pointing to such special defence. Such defence can be inferred from the facts raised in the pleading.

– Musdapher, JSC. Atta v. Ezeanah (2000)

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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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PLEADING, IS PLEADING FACTS UPON WHICH A LAW CAN STAND ON

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

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