UNDERSTANDING THE BASICS OF PLEADINGS (PART 1)
BY T.K.GONTUL ESQ, S.F.MOLWUS ESQ, O.P OLORUNYOMI ESQ, A.F. SALIFU AND A.O.B AZI
INTRODUCTION
Pleadings are written facts alleged by parties which should comprehensively present the material facts in dispute and highlight the issues between the parties to an action (its like each parties side of the same story) The court held in the case of BRAWAL SHIPPING NIG LTD V OMETRACO INTERNATIONAL LTD (2011) NWLR (PT. 1255)that;
‘the primary purpose of pleadings is to prepare the minds of the parties and indeed the court to know the case to be presented at the trial by each party and to narrow down the matters in controversy in respect of which evidence is led to proof these averment in the parties respective pleadings”
Pleadings comprises wholly the statement of claim, statement of Defence, counter claim, set-off, reply, and further and better particulars commenced by way of Writ of summons. Pleadings are not started by way of Originating Summons or Originating Motions and Petitions
Summarily, the aim of pleading is to allow the case of each party to be stated clearly without ambiguity so that the opponent will know precisely the issues he is facing and how to respond to same, also, parties must indeed confine their evidence to those issues. The most important point of pleadings is to avoid surprise on respective parties when the matter is heard in court. The major function of pleadings is to define and delimit with clarity and precision the real issues in contention. It is meant to be comprehensive and accurate because issues that are not pleaded cannot be raised in the cause of trial as parties are by their pleadings and parties cannot go outside it to lead evidence or rely on the facts which are extraneous to those pleaded as evidence adduced to determine the outcome of the trial; cited in the case of KYARI V ALKALI (2001) 11 NWLR (pt. 724) 412
“To succeed in a claim for special damages or exemplary damages , a party must plead with particulars or itemize such damages these must be claimed specially; Also, evidence in support of facts not pleaded goes to no issue and ought to be discountenanced as cases must be determined only on legally received evidence.
NOTE: Facts are to be pleaded and evidence is led in support of the pleadings to which the court will adjudicate upon; where evidence led is not based on facts pleaded, such evidence goes to no issue(ADESANYA V OTUEWU (1993) 1 NWLR (Pt. 270) 414.
AVERMENTS IN PLEADINGS
It is law that averment in pleadings is not evidence even if duly pleaded as it would be deemed abandoned , to prove such averments it must be admitted or denied in the pleadings UNION BANK PLC V ASTRA BUILDERS (W/A) LTD (2005) 5 NWLR (Pt. 1186) 1 at 27. The court stated that, even where a particular averment is admitted, a Claimant may nevertheless be required to tender evidence in proof of admitted facts as averments in pleadings, unless admitted by the opposite party must be established or proved by evidence. BRAWAL SHIPPING NIG LTD V OMETRACO INTERNATIONAL LTD (2011) NWLR (PT. 1255).
Pleadings (statement of facts) are the body and soul of any suit they are the foundation of the case and are gradually built upon by the provision of evidence to support such pleadings before a court of justice. Allegations no matter how strong in their wording cannot amount to averments( statements in a pleading) unless they are sufficiently particularized. Parties are bound by their pleadings and any evidence which is at variance with averments made in the pleadings goes to no issue and should be disregarded by the court. It is trite law that what is admitted need not be proved and that parties are bound by their pleadings; AGHANELO V UBN LTD (2002) 7 NWLR (Pt.666)
NOTE: A claim made on the writ of summons, which is not repeated or reclaimed in the statement of claim will be deemed abandoned or varied; BRAWAL SHIPPING NIG LTD V OMETRACO INTERNATIONAL LTD (2011) NWLR (PT. 1255)
CONTENTS OF PLEADINGS
Good pleadings must contain material facts only, to be relied upon by parties. Facts must always be positive, precise and succinctly stated, unambiguous. it is unnecessary to plead law, statutes or sections; the court must always be guided to avoid being distracted from the substantive issues presented by each party in their respective pleadings. A pleadings process should contain (1)The name of court,(2) Suit number (3) Names of party (s) (4) The title/Heading i.e Statement of claim (5) Reliefs sought containing just material facts (6) Pleadings should be dated (7)Address for service.
TeeKayGee 