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GENERAL TRAVERSE – NOT IN POSITION TO DENY

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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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pleadings

WHERE THERE IS VARIANCE IN PLEADINGS AND THE EVIDENCE, THE ACTION IS BOUND TO FAIL

It is clear from the foregoing that the claim of the plaintiffs as disclosed in the writ of summons and statement of claim was not supported by the evidence of the trial. It is well settled law that parties are bound by their pleadings. Where there is variance between the claim the pleadings and evidence, the action is bound to fail- See Ogiamen v. Ogiamen (1967) NMLR. 245.

— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)

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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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PARTIES AND THE COURT ARE BOUND BY THE PLEADINGS AND ISSUES JOINED

It is settled law that issues for trial by the Court are joined in the pleadings and that parties and indeed the Court are bound by the pleadings of the parties. The Petitioners’ case stands to collapse if no evidence is called on the issue. See ORUWARI V. OSLER (2012) LPELR-19764 (SC) and KUBOR & ANOR V. DICKSON & ORS (2012) LPELR-9817 (SC).

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

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WHERE PLEADINGS RAISE NO TRIABLE ISSUE OR DEFENSE

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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ALL FACTS ON WHICH EVIDENCE WILL BE GIVEN MUST BE PLEADED

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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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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