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PLEADING IS THE LIFE WIRE OF PROCEEDING IN ADVERSARIAL SYSTEM

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Dictum

Pleading is the life wire of the proceeding in our adversorial system of civil jurisprudence – the main function of which is to focus with much certainty as far as possible the various matters actually in dispute amongst the parties and those in which there is agreement between the parties by avoiding element of surprise being sprung on the opposite party. George v. U.B.A. Ltd. (1972) 8-9 SC 264; Oduka v. Kasumu (1968) NMLR 28; George v. Dominion Flour Mills Ltd. (1963) 1 SCNLR 117.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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MATTERS NOT PLEADED GOES TO NO ISSUE

At the trial, a party is bound by the pleadings and shall not be permitted to set up a different case. It is not open to a party to depart from his pleadings and put up an entirely new case. Matters not pleaded go to no issue and should not be admitted in evidence and, if admitted, should be ignored or discountenanced in the absence of an amendment of the pleadings. See Njoku and others v. Eme and others (1973) 5 S.c. 293; Okafor and others v. Okitiakpe (1973) 2 SC 49; EmegokWue v. Okadigho (1973) 4 SC.113 etc.

— Iguh, JSC. Onamade v ACB (1997) – SC.199/1990

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ESSENCE OF PLEADINGS

The essence of pleadings is to narrow down the issues in controversy and serves as a notice to the other party which is intended to alert him on what the party filing it intends to rely on to prove his case or to defend a cause. A party to an action is expected to plead material facts only. Pleadings therefore is never meant to substitute evidence required to prove the facts unless such facts are admitted by the other party. See Adegbite v. Ogunfaotu (1990) 4 NWLR (Pt. 146) 578. Okafoi v. UBN Plc (2000) 3 NWLR (Pt. 647) 42.

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

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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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PLEADINGS SHOULD BE CONCISE PRESENTATION OF FACTS

Para. 12: “The court reiterates that the pleadings should be confined to a concise and precise presentation of facts and brief summary of evidence in support including references to documents. All arguments shall be reserved for the oral phase of the proceedings. Reference is hereby made to Articles 33 and 35 of the Court’s Rules of Procedure.”

— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10

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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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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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