AMENDMENT OF PLEADINGS – PARTY WILL NOT BE DISALLOWED

THE PRIMARY PURPOSE OF PLEADINGS IN A TRIAL

The primary purpose of pleadings is to prepare the minds of the parties and the Court to know the case to be presented at the trial by each party, and to define and delimit with clarity and precision the real matters in controversy between the parties upon which to prepare and present their respective cases. It is designed to bring the parties to an issue upon which the Court will adjudicate between them. See Kyari v. Alkali (2001) 11 NWLR (Pt.724) 412 at 433-434 paras. H-A. It is therefore of utmost importance that both parties be comprehensive and accurate in their pleadings. In that regard, a plaintiff’s averment of facts must be met by the defendant frontally and categorically. The essential averments in the statement of claim should be specifically traversed. In order to raise any issue of fact, there must be a proper traverse; and a traverse must be made either by a clear denial or non-admission, either expressly or by necessary implication. A denial of a very material allegation of fact must not be general or evasive, but specific. Therefore, every allegation of fact, if not denied specifically or by necessary implication shall be taken as admitted and established. Putting it in a different way, where a party fails to join issues on material averments, he is deemed to have conceded the points made in those averments. They are deemed admitted and need no further proof to establish the facts contained in the pleading. See Ekperanisho v. Aloko (2015) 14 NWLR (Pt.1475) 153; Salzgitter Stahi GMBH v. Tanji Dosunmu Industries Ltd. (2010) NSCQR 1085 (2010) 11 NWLR (Pt.1206) 589. See Ekwealor v. Obasi (1990) 2 NWLR (Pt.131) 231 at 251, Oshodi v. Eyifunmi (2000) 13 NWLR (Pt.654) 298 at 337.

— T. Akomolafe-Wilson, JCA. Alabi v Audu (2017) – CA/A/494/2014

AMENDMENT OF PLEADINGS – TECHNICAL JUSTICE – SUBSTANTIAL JUSTICE

With due deference to learned counsel for the appellants, the aim of amending pleadings in general is to enable the court to decide the rights of the parties, and not to punish them for mistakes made in the conduct of their cases by deciding otherwise than in accordance with their rights. The age of technicalities is now history. Substantial justice is the order of the day. So it is either you get moving on the train of justice or you get left behind, with the necklace of technicalities wrapped around your neck to keep you warm company or, on the other hand, to choke you.

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

NATURE OF PROOF OF PLEADINGS

It must be appreciated that there cannot be a better notice of a case a party intends to make than his pleading. It is a mere notice and can never be substituted for the evidence required in proof of the facts pleaded, subject however to an admission made by the other party. Unless through skilful cross-examination discrediting the case of the other party, he is still bound to lead evidence in support of his own pleading. Where evidence is adduced to buttress a pleading, then it is good news for the pleader, as it strengthens his case. However, evidence adduced in support of facts not pleaded goes to no issue and should therefore be disregarded ORIZU V. ONYAEGBUNAM 1978.5 S.C. 21 at 820. In ACB V. GWAGWALADA 1994. 5 NWLR Part 342 page 25 at 27 it was held that before considering admissibility of any evidence or document in support of a party’s case it must be shown that the evidence sought to be led is relevant. Even if the evidence is admissible and it is not relevant, the admission of such evidence does not advance the case of the party.

— A. Jauro, JCA. Chevron v. Aderibigbe (2011) – CA/L/76/04

GENERAL TRAVERSE WILL BE THE APPOSITE WHERE PETITIONER/CLAIMANT PLEADINGS WHERE GENERAL IN NATURE ITSELF

per Ogunwumiju, JCA (as he then was, now JSC), held in UDEAGHA & ANOR v OMEGARA & ORS (2010) LPELR-3856(CA), as follows: “The argument of Appellants’ counsel that the Respondents did not adequately traverse the petition is unfounded. The petition itself contained general complaints. There was no effort to pinpoint in the pleadings the various places where corrupt practices, non voting, use of violence, thuggery, rigging in polling units, massive thumb-print of ballot papers, fictitious entry of election results took place. Therefore, there was a general corresponding reply denying the allegations in general terms from the Respondents. If the Petitioners did not plead particulars, how could the respondents traverse non-existent particulars? The averments in the Appellants’ pleadings should have contained details of the allegations and complaints to which the Respondents could reply in detail in their own pleadings. The Appellants expected the Respondents to reply to the various specific allegations contained in the witness statements filed along with the petition. That is not the correct procedure. Those specific allegations should have been in the pleadings. The pleadings must show the facts disputed while the witnesses would give evidence of these facts. In election petitions, it has been held that there is need for particulars where required in order to prevent taking adverse party by surprise. See Buhari v Obasanjo (2005) 7 SCNJ 1. It is not the function of particulars to take the place of necessary averments in pleadings. See Nwobodo v Onoh (1984) 1 SC 201…”