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A PARTY IS BOUND HIS PLEADING – PURPOSE OF PLEADINGS – A COURT ONLY GIVES TO A PARTY WHAT HE CLAIMS

Dictum

A party is bound by his pleading at the trial and cannot make a case different from this pleadings. This is because the object of pleading is to appraise the opposing party of the case the pleader is making so as to avoid any surprise at the hearing and to ascertain the issue or issues in controversy between the parties with a view to enabling each party settle before hand, the evidence it shall adduce at the hearing. Similarly, a court only gives to a party what he claims by way of pleading. In this case the trial court was right in not declaring Exhibits 1 and D1 null and void as this fact was not pleaded by the appellant. [Olaopa v. O.A.U. Ile-Ife (1997) 7 NWLR (Pt. 512) 204 at page 225;Aderenii v. Adedire (1966) NMLR 398; A. C. 8. Ltd v. A. G. Northern Nigeria (1967) NMLR 231; Albion Const. Co. Ltd v. Rao Invest. AND Pro. Ltd (1992) 1 NWLR (Pt. 219) 583; Bakare v. L.S.C.C. (1992)8NWLR(Pt.262)641;Balogun v. Oshunkoya (1992) 3 NWLR (Pt. 232) 827]

– L.A. Ayanlere v. Federal Mortgage Bank of Nig. Ltd. (1998) – CA/K/186/96

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DISTINCTION IN AVERMENTS IN AFFIDAVIT vs THAT IN PLEADINGS

MAGNUSSON VS. KOIKI (1993) 12 SCNJ 114 held 5, the Supreme Court said: “Averments of facts on pleadings must be distinguished from facts deposed to in affidavit in support of application before a court. Whereas the former, unless admitted, constitutes no evidence, the latter are by law, evidence upon which a Court of Law may, in appropriate cases, act.”

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AVERMENTS IN PLEADINGS WITHOUT EVIDENCE TO SUBSTANTIATE ARE USELESS

Mere averments in pleadings, no matter how impressive they may be are useless if no evidence is led to prove them. Such averments in the pleadings unless, they are admitted, are regarded as mere suggestions of counsel and if they are not proved by evidence of witnesses are deemed to have been abandoned. [Adegbite v. Ogunfaolu (1990) 4 NW1,11 (Pt.146) 578; Balogun v. Amubikanhun (1985) 3 NWLR(Pt.11)27; Obmiami BrickAND Stone (Nig.) Ltd. v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260;Ayeniv. Sowemimo (1982) 5 SC 60; Idesoh v. Ordia (1997) 3 NWLR (Pt.491) 17 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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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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PLEADINGS TELL WHAT A PARTY IS SEEKING

There is also no doubt that in order to determine what the cause or reason for which the party seeking relief has come to the Court, regard must be had to that party’s pleadings, particularly the statement of claim. It is from there that the Court will be properly guided as to what set of facts the party is presenting as grounding his claim, the applicable principles of law and the legal remedy the party is seeking.

– Tukur JCA. Odulate v. FBN (2019)

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PLEADINGS BOUND PARTIES

Under our law and Rules of Procedure, parties must conduct their cases in accordance with their pleadings.

– Oputa JSC. Oniah v. Onyia (1989)

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PLEADINGS MUST BE SUFFICIENTLY SPECIFIC AND COMPREHENSIVE TO ELICIT NECESSARY ANSWER

✓ In BELGORE v AHMED (2013) 8 NWLR (Pt. 1355) 60 at 95 – 96, the complaint against the averments in the petition was that they were unspecific, generic, speculative, vague, unreferable, omnibus and general in terms. In that case the Apex Court specifically held as follows: “Pleadings in an action are the written statements of the parties wherein they set forth the summary of the material facts on which each relied in proof of his claim or his defence as the case may be and by means of which the real matters was (sic) controversy between the parties and to be adjudicated upon are clearly identified. Although only material facts are required to be pleaded and in a summary form, they must nevertheless be sufficiently specific and comprehensive to elicit the necessary answers from the opponent. See Ashiru Noibi v. Fikolati & Ors (1987) 3 SC 105 at 119, (1987) 1 NWLR (Pt. 52) 629 and Omorhirihi v. Enetevwere (1988) 1 NWLR (Pt. 73) 746. They must contain such details as to eliminate any element of surprise to the opposing party. In this case where the dispute involves the election in as many as 895 polling units, the pleading in the petition which alleged electoral malpractices, non-compliance and/or offences in “some polling units”, “many polling units”, “most polling units” or “several polling units” cannot be said to have met the requirements of pleadings as stipulated in paragraph 4(1)(d) of the 1st Schedule to the Electoral Act and/or Order 13 Rules 4(1), 5 and 6(1) of the Federal High Court (Civil Procedure) Rules, 2009.”

✓ Also, in PDP v INEC & 3 ORS (2012) 7 NWLR (Pt. 1300) 538, the Apex Court, was also categorical when it held thus: “On whether the affected paragraphs were rightly struck out, I have read the affected paragraphs and found that they relate to allegations of non-voting in several polling points, disruption of election, non-conclusion of election, thumb-printing of ballot papers, falsification of election results, wide spread disruption, irregularities and malpractices without providing particulars or the polling units where the alleged malpractices took place. The lower court was therefore right when it held as follows: “The paragraphs above in my view are too generic, vague and lacking in any particulars as they are not tied specifically to any particular polling unit or any particular number of people who were alleged to be disenfranchised. The fact that a party can file further particulars or deny in a reply the averment in the pleading must not be general, it must be specific as to facts. It is settled law that a petitioner’s obligation to plead particulars of fraud or falsification without which the allegation is a non-starter.” I have nothing to add to this statement of law as advanced above, and I adopt it as mine.”

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