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

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Dictum

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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PLEADING IS NO EVIDENCE

Pleading, of course, is no evidence and a case is decided on the admissible evidence adduced before the court-see: Dumbo V Idugboe (1983) 1 SCNLR 29; (1983) 14 NSCC 22. A.S.H.D.C. v Emekwue (1996) – SC. 282/1989

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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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THE IMPRECISENESS IN PLEADING NON-QUALIFICATION WITHOUT SUFFICIENT PARTICULARS

It must be noted, too, that under Section 131 of the 1999 Constitution of this country, there are as many as four different qualifications a person must possess before he can contest presidential election and another 10 different grounds that can disqualify such a candidate who has all the four qualifications of section 131. Therefore, an assertion that merely says that a person is not qualified to contest election by reason of non qualification, will leave not just the person so assailed but every other person involved, including the court, at a loss as to what the pleader has in mind. In fact, to allow such pleading will amount to upsetting the very essence of filing pleadings in a case, which is to give the adversary and the court a clear notice of the pleader’s case a point further fortified in Paragraph 16(1)(a) of the First Schedule to the Electoral Act 2022.

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

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WHAT IS THE PURPOSE OF PLEADINGS – PLEADING FACTS NECESSARY – RESULTING TRUST

The object of pleadings is to state succinctly and accurately the issues for trial and to appraise the other side of the issues which it would meet in court. A defendant cannot rely on a defence which is based upon facts not stated in the statement of claim or defence, unless he pleads such facts specifically e.g. fraud. So, where a party intends to rely on a special defence, such as resulting trust, it is sufficient if he pleads enough facts as pointing to such special defence. Such defence can be inferred from the facts raised in the pleading.

– Musdapher, JSC. Atta v. Ezeanah (2000)

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PLEADINGS ARE TO CONTAIN THE MATERIAL FACTS, NOT THE LEGAL RESULT

Lord Denning in Re Vandervell s Trusts (No.2) (supra): “Mr. Balcanbe for the executors stressed that the point taken by Mr. Mills was ‘not covered by the pleadings. He said time and again: This way of putting the case was not pleaded. No such trust was pleaded.” And so forth. The more he argued, the more technical he became. I began to think we were back in the bad old days before the Common Law Procedure Acts 1852 and 1854, when pleadings had to state the legal result; and a case could be lost by the omission of a single averment. See Bullen and Leake’s precedent of pleadings, 3rd ed. (1868), P. 147. All that has been long swept away. It is sufficient for the pleader to state the material facts. He need not state the legal result. If, for convenience, he does so, he is not bound by, or limited to, what he has stated. He can present in argument any legal consequence of which the facts permit. The pleadings in this case contained all material facts. It does not appear that Mr. Mills put the case before the Judge; but this does not entail any difference in the facts only a difference in stating the legal consequences. So it was quite open to him.”

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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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