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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PAIN SUFFERED NEED CANNOT BE ASSESSED BY MEDICAL EVIDENCE

As far as I am aware, there is no known means of medically assessing the intensity or otherwise of the pain a person is going through. When related to injury, medical evidence can only describe the nature of the injury but not the pain that goes with it. The more severe the injury the more likely the severity of the pain. Such pain can merely be imagined by a person who has seen when and how the injury occurred or who sees the nature of the injury later and was told how it happened including the medical doctor who may have treated the victim and noticed the agony he expressed by words or action or through groaning; or to whom the nature of the injury is described and the circumstances in which it occurred. For instance, a person who saw how any person’s limb, e.g. leg, was crushed by a heavy object would literally feel, pathologically, some reflexes which tend to register in him that the victim has undergone severe pain. When told about it he will likely imagine the severity of the pain. But the real nature of the pain can best be experienced or described by the victim.

– Uwaifo JSC. C & C Constr. v. Okhai (2003) – SC.8/1999

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ORAL EVIDENCE IN EARLIER TRIAL NOT RELEVANT IN A LATER TRIAL

With due deference to the learned Senior Advocate of Nigeria, it is settled law that evidence of a witness taken in an earlier proceedings is not relevant in a later trial or proceeding except for the purpose of discrediting such a witness in cross examination and for that purpose only. – Sanusi JCA. Enejo v. Nasir (2006)

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COURT WILL ACT ON UNCHALLENGED EVIDENCE

The law is well settled that where the evidence given by a party to any proceedings was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seised of the case to act on such unchallenged evidence before it. See Isaac Omoregbe v. Daniel Lawani (1980) 3 – 4 SC 108 at 117, Odulaja v. Haddad (1973) 11 SC 357, Nigerian Maritime Services Ltd. v. Alhaji Bello Afolabi (1978) 2 SC 79 at 81, Abel Boshali v. Allied Commercial Exporters Ltd. (1961) 2 SCNLR 322, (1961) All NLR 917.

— Iguh, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

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CLAIMANT CAN RELY ON EVIDENCE OF THE DEFENDANT

The position of the law is that the Claimant is entitled to rely on the evidence put forward by the Defendant. See ODUTOLA V. SANYA (2008) ALL FWLR (PT. 400) 780 AT 793, PARAS. F – G (CA) where it was held that “… if the Defendant’s evidence supports that (the case) of the Plaintiff, he is entitled to rely on same to fortify his case. See Kodilinye v. Odu (1935) 2 WACA 336; Akinola v. Oluwo (1962) 1 All NLR 224″.

— E.N. Agbakoba, J. Igenoza v Unknown Defendant (2019) – NICN/ABJ/294/2014

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EXTRINSIC EVIDENCE CANNOT VARY A WRITTEN CONTRACT

The general rule is that where the parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or contradict the terms of the written instrument.

– Adio, JSC. UBN v. Ozigi (1994)

EVIDENCE ON MATTER NOT PLEADED

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FUNDAMENTAL AIM OF PLEADINGS

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PAIN SUFFERED NEED CANNOT BE ASSESSED BY MEDICAL EVIDENCE

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ORAL EVIDENCE IN EARLIER TRIAL NOT RELEVANT IN A LATER TRIAL

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COURT WILL ACT ON UNCHALLENGED EVIDENCE

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CLAIMANT CAN RELY ON EVIDENCE OF THE DEFENDANT

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EXTRINSIC EVIDENCE CANNOT VARY A WRITTEN CONTRACT

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