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ALL FACTS ON WHICH EVIDENCE WILL BE GIVEN MUST BE PLEADED

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A legal battle does not permit of surprises. A legal battle is very much like a boxing match or a tennis match where the opponent is known and the instruments of battle i.e., boxing gloves or tennis racquets and ball, as the case may be, are in plain view for all to see. No surprises are intended. In a Military battle however, surprise is fair game. The: enemy is not to know his opponents weapons or battle strategy. The enemy can surreptitiously plant bombs, land mines, etc. An ambush is a legitimate battle strategy. What the Appellant did by relying on the Chinese regulation without first pleading it, is a veritable ambush and a Court cannot rely on such evidence.

– O. Daniel-Kalio, JCA. Egypt v. Abdoulaye (2017) – CA/K/540/2014

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pleadings

THE NATURE OF PLEADINGS – IMPORTANCE

In the case of Osondu Co Ltd. and Anor v. Akhigbe (1999) LPELR – 1433 (SC), the Supreme Court per Uwaifo, JSC, held as follows: “It must be realized that pleadings is a statement of candour as to what a party to a case relies on to prove or defend a cause. It ought to be made as clear as it possibly can, not evasive or misleading or ambiguous. Each party must endeavor to place and must be presumed to have placed, all necessary pleadable acts on record the best way it can in order to achieve the best of its case. It must put the other party and the Court on a firm understanding of what the issues joined or denied, or issues admitted or not admitted. Pleadings are the guiding light by which all concerned trace the path to the justice of a case. That path should not be hampered by and littered with stumbling blocks of uncertainties, misrepresentations and ambushes embedded in the averments. That will be an effort to spring surprises and will not be proper pleadings. As was said by Phillimore J., in The Why Not (1888) LR 2A and E. 265 and quoted with approval in Enwezor v. Central Bank of Nigeria (1976) 3 SC 45 at 56 Per Madarikan, JSC, pleadings “…are not to be considered as constituting a game of skill between the advocates. They ought to be so framed as not only to assist the party in the statement of his case but the Court in its investigation of the truth between the litigants.”

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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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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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ALLEGATIONS RAISED MUST BE SPECIFICALLY DENIED TO NOT CONSTITUTE ADMITTANCE

On the manner of denial that would be sufficient to raise an issue of dispute, this Court held, in the case of Nickok Best Intl Ltd v UBA (2018) LPELR – 45239 (CA) per Mohammed Lawal Garba JCA (as he then was) at Page 9 Para B-E: “Where vital and material fact/s in a party’s case are not so specifically, frontally and categorically denied and disputed, they are deemed admitted by the other party. Dosunmu v. Dada (2002) 13 NWLR (783), NNPC v. Sele (2004) 5 NWLR (866) 379, Jadcom Limited v. OgunsElectrs (2004) 3 NWLR (859) 153. In that regard, general, obtuse, indistinct, unspecific and evasive averments in respect of specific, crucial, positive and distinct facts are considered not enough and not effective controversion or traverse to raise an issue of dispute that would warrant proof in a case”.

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

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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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ISSUES ARE NOT JOINED ON POINTS OF LAW – LAW SHOULD NOT BE PLEADED

Ahmadu Bello University v. Molokwu it was held thus:- “It is unnecessary for parties to join issue on a point of law or statutory provisions once a statutory provision is found applicable, it would be applied by the court notwithstanding that parties have not joined issues on the point in their pleading.” The defendants/appellants just as in the present appeal contended that the law relied upon did not exist and therefore the plaintiffs/ respondents’ action must fail. The court in rejecting the contention held at page 286 that: “There is substance in the submission of the learned counsel for the appellant that there is no statute of Ahmadu Bello university know as Ahmadu Bello university calendar of 1986/1988. The reference may be one of lapsus calami. But if learned counsel’s objection is sustained. It would tantamount to giving reigns to technicality. Furthermore, if the submission is acceded to, it would be tacit acceptance and encouragement to reinstate the principle of law that law or statute or part thereof should be pleaded”.

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