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GENERAL TRAVERSE – NOT IN POSITION TO DENY

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Dictum

In law, an issue of fact on which the parties are ad idem or on which the adverse party did not effectively traverse are deemed to have been admitted and would thus require no further proof as they are taken as having been duly established. A general traverse or averment that a party is not in position to either admit or deny an allegation made by the other party does not amount to effective denial as to put such a fact in issue to be proved by the party so alleging. See paragraph 34 of the Statement of claim of the 1st 4th Respondents. See also paragraph 3 of the Statement of defence of the Appellant.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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CRIME MUST BE SPECIFICALLY PLEADED

Crime as an offence punishable by law must be specifically pleaded and proved. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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EVIDENCE ON MATTER NOT PLEADED

It is settled that evidence led on any matter not pleaded goes to no issue and ought to be disregarded when giving judgment. – Kutigi JSC. Amadi v. Nwosu (1992)

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GENERAL TRAVERSE IS NOT AN EFFECTIVE DENIAL

A general traverse is not an effective denial of essential or material averments in the opposing party’s pleading. – Kekere-Ekun, J.S.C. Union Bank v. Chimaeze (2014)

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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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FAILURE TO PLEAD RELEVANT FACTS DEFEATS THE CLAIM

Pleadings just like other civil claims is a prerequisite to the establishment of a claim and in this case negligence. Failure to plead relevant facts would automatically defeat the claim. The Respondent failed to do the needful and therefore did not merit to have judgment, I therefore agree with my brother that the appeal is meritorious and succeeds.

– Nimpar JCA. Diamond Bank v. Mocok (2019)

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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)

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