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GENERAL TRAVERSE OF FACTS

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Anah v. Nnacho (1965) NMLR 28 at 31 the Supreme Court in considering a general traverse stated thus: “Now it seems clear that the cumulative effect of these two paragraphs is that the appellants joined issue with respondents in respect of all the lands described in the pink area of Exhibit 2. By common practice a general traverse in the form of paragraph 15 of the statement of defence has always been accepted and when employed it puts the opponent to proof of the facts stated or alleged.”

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pleadings

THE FUNCTION OF PLEADING IS TO DEFINE & DELIMIT REAL MATTERS IN CONTROVERSY

Atolagbe v. Shorun (1985) 1 NWLR (Pt. 2) 360 at 365 where Coker, J.S.C. in dealing with the main function of pleadings in the trial of an action had this to say: – “The primary function of pleadings is to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases and upon which the court will be called to adjudicate between them. It is designed to bring the parties to an issue on which alone the court will adjudicate between them party is bound by his pleading and cannot go outside it to lead evidence or rely on facts which are extraneous to those pleaded.”

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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

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SOME PRINCIPLES OF PLEADINGS

It is for the above position of the law that I bear in mind that issue of facts on which the parties are ad idem would require no further proof and are taken as having been duly established. It is also the law that facts admitted by either party of the averments of the other party also need no further proof. It is equally well accepted that facts in a pleading of one party which are not specifically traversed but are generally or evasively traversed are also deemed as having been admitted by the other party. It is basic but a fundamental principle of law that parties are bound by their pleadings. See also Hashidu v. Goje 2 EPR P. 790 @ p. 836. See also Oversea Construction Company Nig. Ltd. v. Creek Enterprises Nig. Ltd(1985) 3 NWLR (Pt. 407) 40; Adesoji Aderemi v. Adedire (1966) NMLR 398; Nnameka Emegokwue v. James Okadigbo (1973) 4 SC 113; Woluchem v. Gudi (1981) 5 SC 291; Iwuoha v. NIPOST (2003) 8 NWLR (Pt. 822) 308; Akpapuna and Ors v. Obi Nzeka and Ors (1983) 2 SCNLR 1, (1983) 7 SC 1; Omoboriowo v. Ajasin EPR (Vol 3) 488 @ 511; Iniama v. Akpabio (2008) 17 NWLR (Pt. 1116) 225 @ p. 309.

— 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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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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FACTS / AVERMENTS PLEADED BUT NOT CONTROVERTED ARE DEEMED ADMITTED

It is a general principle of law that facts pleaded, or averments deposed to in an affidavit, if not specifically challenged or controverted, are deemed admitted and require no further proof, except where the facts are obviously false to the knowledge of the court. There is a plethora of authorities on this, such as, The Honda Place Ltd. Vs Globe Motor Holdings Nig. Ltd. (supra), Ajomale Vs Yaduat (No.2) (supra); Ogunleye Vs Oni (1990) 4 SC 130; CBN Vs Interstella Communications Ltd. (2017) LPELR 43940 (SC) @ 620; Nishizawa Ltd Vs Jthwani (1984) 12 SC 234.

– O.K. Kekere-Ekun, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016

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EVIDENCE ON AVERMENTS NOT IN PLEADINGS GOES TO NO ISSUE

Now, it is now well settled that in civil proceeding commenced at the High Court, parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court.

– Oguntade JSC. Ejike v. Onukogu (2005)

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