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PARTY WILL NOT BE ALLOWED TO LEAD EVIDENCE ON MATTER NOT PLEADED

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The elementary rule of pleading is that a party shall plead facts which he propose to rely upon in order to establish his own case. It is now trite law that a party will not be allowed to lead evidence in respect of facts not pleaded; or to lead evidence contrary to his pleading. The sole purpose of pleading is to ensure that the parties to the case know the case they will meet at the trial, to obviate element of surprise. Pleading saves time and brings out clearly the issues in the case.

— Olatawura JSC. African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994)

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pleadings

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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THE PRIMARY PURPOSE OF PLEADINGS IN A TRIAL

The primary purpose of pleadings is to prepare the minds of the parties and the Court to know the case to be presented at the trial by each party, and to define and delimit with clarity and precision the real matters in controversy between the parties upon which to prepare and present their respective cases. It is designed to bring the parties to an issue upon which the Court will adjudicate between them. See Kyari v. Alkali (2001) 11 NWLR (Pt.724) 412 at 433-434 paras. H-A. It is therefore of utmost importance that both parties be comprehensive and accurate in their pleadings. In that regard, a plaintiff’s averment of facts must be met by the defendant frontally and categorically. The essential averments in the statement of claim should be specifically traversed. In order to raise any issue of fact, there must be a proper traverse; and a traverse must be made either by a clear denial or non-admission, either expressly or by necessary implication. A denial of a very material allegation of fact must not be general or evasive, but specific. Therefore, every allegation of fact, if not denied specifically or by necessary implication shall be taken as admitted and established. Putting it in a different way, where a party fails to join issues on material averments, he is deemed to have conceded the points made in those averments. They are deemed admitted and need no further proof to establish the facts contained in the pleading. See Ekperanisho v. Aloko (2015) 14 NWLR (Pt.1475) 153; Salzgitter Stahi GMBH v. Tanji Dosunmu Industries Ltd. (2010) NSCQR 1085 (2010) 11 NWLR (Pt.1206) 589. See Ekwealor v. Obasi (1990) 2 NWLR (Pt.131) 231 at 251, Oshodi v. Eyifunmi (2000) 13 NWLR (Pt.654) 298 at 337.

— T. Akomolafe-Wilson, JCA. Alabi v Audu (2017) – CA/A/494/2014

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RATIONALE BEHIND PLEADINGS

The basic law is that parties are bound to plead all facts they intend to rely upon at the trial and facts not pleaded will go to no issue. One rationale behind this principle is that litigation must follow some restrictive order and not open-ended in order to save the time of both the Courts and the litigants. If the procedure of pleadings was not introduced in litigation, parties search for evidence could not have ended and that should have protracted litigation beyond expectation. The law simply put, is that litigation is fought on pleadings. The pleadings define the parameters of the case and they give notice of the case to the other party. Any evidence led must be within the circumference of the facts pleaded. Pleadings in that wise, must not be deficient of the facts required to build up the case.

— S.J. Adah, JCA. Luck Guard v. Adariku (2022) – CA/A/1061/2020

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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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PARTIES ARE BOUND BY THEIR PLEADINGS

It must be remembered that it is a cardinal principle of the Rules of Practice that parties are bound by their pleadings and evidence led on matters not pleaded goes to no issue. Furthermore, any fact admitted in a party’s pleadings, need not be proved by the other party.

— Craig JSC. Uredi v. Dada (1998) – SC.106/1986

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GENERAL TRAVERSE OF FACTS

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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