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WHERE PLEADINGS RAISE NO TRIABLE ISSUE OR DEFENSE

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Dictum

Akinola & Anor. v. Solano (1986) 4 SC 106, where the Supreme Court per Oputa JSC, (God bless his soul) had stated inter alia thus: “It is time Courts…begin looking critically at the pleadings and where appropriate giving judgement on the pleadings, if no triable issue of fact, Plaintiff’s case should be considered on his pleading and the applicable law. Where the Plaintiffs statement of claim does not disclose a cause of action … instead of filing a Statement of Defense, the Defendant should move the Court to have the case dismissed. Alternatively, where the Statement of Defense does not answer, deny …. the essential facts on which the Plaintiff’s case rests, the Plaintiff should be courageous enough to ask for judgement on his Statement of Claim.”

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WHEN APPLICATION TO AMEND PLEADINGS WILL BE REJECTED

The rules for the grant of amendment of pleadings are therefore very flexible and a matter within the discretion of the Judge. Nevertheless, an application to amend pleadings should be refused where: (1) It will entail injustice to the respondent. (2) The applicant is acting mala fide. (3) By his blunder, the applicant has done some injury to the respondent which cannot be compensated by costs or otherwise.

– SANKEY, J.C.A, Awure v. Iledu (2007)

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THE COURT AND PARTIES ARE BOUND BY THE PLEADINGS

I have to state from the onset that it is settled law that issues for trial are joined in the pleadings and that parties and indeed the court are bound by the pleadings of the parties.

— Onnoghen, JSC. Kubor v. Dickson (2012) – SC.369/2012

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PLEADINGS SHOULD NOT CONTAIN LAW OR MIXED LAW & FACT

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)

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COURTS ARE BOUND TO DECIDE CASES ON THE PLEADINGS

The foregoing is the gist of the simple case presented before the trial judge. But it was made very complicated by the introduction of legal technicalities at the hearing of the appeal in this Court. The matter was further compounded by the conduct of the parties in that neither, as was disclosed by the issues canvassed before us, had any respect for the truth. However, courts are bound to decide cases on the pleadings of the parties and admissible evidence.

— M. Bello, JSC. Salawu Ajide V. Kadiri Kelani (SC.76/1984, 29 Nov 1985)

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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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FOUR REASONS WHY AMENDMENT OF PLEADINGS MAY ARISE

Amendments arise because of a number of reasons. I can identify four main reasons here. First, at the time of filing the pleadings, the factual situation sought to be amended was not available or if available was not within the reasonable anticipation of the party and his counsel, employing all diligence and intellectual resources at their command. Second, although the factual situation sought to be amended existed at the time the pleadings were filed, human idiosyncrasies, human lapses and human frailties resulted in its non-inclusion. This could either be the fault of the party or counsel or both. . Third, when there is a Reply to either the Statement of Claim or the Statement of Defence. Four, when the court suo motu raises a factual situation. Since this last reason is not consistent with our adversary system, a trial Judge should only resort to it when it is absolutely necessary so to do and in the overall interest of the parties. He cannot do so willy nilly and by his whims.

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

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