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PLEADINGS : JUDGMENTS OF NIGERIAN COURTS

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TITLE

MAIN ISSUES

A.C.B. LTD V. EWARAMI

PLEADINGS – AMENDMENT:- Power to order amendment to bring the pleadings into line with evidence already given – Whether within competence of trial Judge – Effect of such amendment – Whether would supersede the claim and the writ

A.C.B. LTD.  V. OBA

PLEADINGS:- Facts admitted therein - Whether still need further proof - Section 75 of the Evidence Act.

A.C.B. V. EAGLE SUPER PACK (NIG) LTD

PLEADINGS:-

A.G. ANAMBRA STATE V. ONUSELOGU ENTERPRISES LIMITED

PLEADINGS:- Meaning of and what it must contain - Pleadings - Purpose of

ABAYE  V. OFILI

PLEADINGS:- Bindingness on parties - Power of Court of Appeal to give order for recovery of possession, as superior Court of record under 1979 Constitution.

ABAYOMI BABATUNDE V. PAN ATLANTIC AND TRANSPORT AGENCIES

 

ABIEGBE  V. UGBODUME

PLEADINGS:- Essence of - Effect of breach of rules of pleading - Conflict in pleadings - effect of.

ABISI V. EKWEALOR

PLEADINGS:- Estoppel - How pleaded.

PLEADINGS:- Issues not pleaded -Whether Court of Appeal may determine.

ABORODE  ALADE 2 ORS V. BUARI AKANDE AND ANOR

PLEADINGS:- Purpose of pleadings - Whether tantamont to evidence

ABRAHAM V. OLORUNFUNMI (CA)

PLEADINGS:- Bindingness of - Aim of - Fact not pleaded - Amendment of - Effect.

PLEADINGS:-Co-ownership of land in dis­pute - How pleaded.

ACHI-KANU V. ANNAH

PLEADINGS:- Plaintiffs evidence on matters not anticipated from nature of Statement of Claim—Whether Statement of Defence should be amended before defendant’s evidence in rebuttal.

ADEBANJO OLAYINKA V. ADEBOLA ADEPARUSI & ANOR

ACTION - PLEADINGS: Whether it is the plaintiff claims in the writ that determines whether or not a particular case comes within the jurisdiction of a Court

ADEBISI  V. OKE

PLEADINGS:- Facts not pleaded or raised during trial - Effect.

ADEDAPO ADENIRAN  V. NATIONAL ELECTRIC POWER AUTHORITY(CA)

PLEADINGS:- Object of – Unpleaded facts – Effect of.

ADEGBAIYE V. AKINRIMISI

PLEADINGS:- Power of Court of Appeal to amend pleadings.

ADEDOYIN V. NIGERIAN NATIONAL PRESS LTD. AND ANOR. (HC)

PLEADINGS:- Libel - Particulars of innuendo - Pleading.

ADELAJA  V. ALADE(2)

PLEADINGS:- Amendment of on appeal - Principles governing.

ADELEKE V.  ASERIFA

PLEADINGS:- Facts not denied - Effect.

PLEADINGS:- Evidence of facts not pleaded - Effect.

ADELEKE V. AWOLIYI AND ANOTHER

PLEADINGS:- Accidental Mistake in Pleading-Curable Mistake-Whether Judge can strike out Pleading based on curable mistake of plaintiff

PLEADINGS:- Statement of Claim - Defect Discovered by Defence Counsel - Counsel’s duty to call Court’s attention to defect.

ADEMESO V. OKORO

PLEADINGS:- Evidence plaintiffs called by way of counter-affidavit – When in response to the application of the defendant for production of document averred in plaintiff’s pleadings - When that evidence is contrary to plaintiff’s pleadings – Duty of court thereto – need for the court to look at plaintiff’s evidence vis-à-vis the plaintiffs’ pleadings

ADENIRAN  V. ALAO

PLEADINGS:- Equitable defences - How pleaded and proved - When defendant will not be al-lowed to rely thereon.

PLEADINGS:- Bindingness of on parties and court - Matter not in issue in the pleadings - Whether court can deal with.

PLEADINGS:- Unnecessary facts in a party’s pleading - Failure to prove - Whether, fatal to the party’s case.

ADENIRAN  V. OLAGUNJU

PLEADINGS:- Amendment of - Where a party has closed his case –Guiding principles.

ADEOYE V. ADEOYE

PLEADINGS:- Trial-Party bound by facts pleaded- May not argue converse of those facts.

ADEROUNGBOYE V. N.B.N. LTD

PLEADINGS:- Plaintiff asserting to be a money-lender in claim - Defendant asserting otherwise - Defendant later asserting plaintiff to be money-lender - Whether permissible.

ADESANYA V.  OTUEWU

PLEADINGS:- Evidence led on facts not pleaded - Effect.

PLEADINGS:- General traverse of material allegation - Value of:

PLEADINGS:- Pleadings- Illegality of contract- Illegality not ex facie - Need jar party pleading illegality to plead facts to ground same.

PLEADINGS:- Party abandoning pleadings - Duty on court not to make case for him by looking for evidence from the opponent.

ADETOUN OLADEJI (NIG) LTD V. NIGERIAN BREWERIES PLC.

PLEADINGS:- Bindingness of on parties and the court.

ADETUTU V. ADEROHUNMU

PLEADINGS:- Amendment of pleadings – Discretion court thereto –Whether Court may grant an amendment even if the amendment would add to the existing cause of action or to substitute therefore a new cause of action provided that the additional or the new cause of action arises out of the same or substantially the same facts as are contained in the pleadings – When may be refused

PLEADINGS:- Application for amendment – where deemed an attempt to reinstate struck out claims – Whether simple abuse of the process of the Court

ADIATU LADUNNI & ANOR. V. WEMA BANK LIMITED & ANOR. - Copy

ACTION - PLEADINGS:- Whether pleadings are regarded as evidence by itself – When can be deemed abandoned

ADIKE  V. OBIARERI

PLEADINGS:- General traverse – effect of.

 

ADIMORA V. AJUFO

PLEADINGS:- Statement of defence - Requirement of specific denial and complete answer to allegations - Order 33 rules 9, 10 and 11, High Court Rules, Cap. 61, of 1963, Laws of Eastern Nigeria - Effect of non-denial of plaintiffs averment.

ADOLO OKOTIE-EBOH  V. ALERO JADESIMI

PLEADINGS:- Averments in pleadings - Purpose of - Whether do not constitute the evidence to be relied upon in proof of the averment

ADOMBA AND OTHERS V. ODIESE AND OTHERS

PLEADINGS:- Pleadings filed in an earlier case - Propriety of using it in a later case -Issues in earlier proceedings - how ascertained -Appeal -Duty of Appellate Court - Findings of fact -Attitude of appellate court.

ADONE  V. IKEBUDU

PLEADINGS:- Need for proper pleadings - Where party is relying on previous action.

AFRICAN CONTINENTAL BANK  LTD V. GWAGWADA(CA)

PLEADINGS:- Estoppel - Admission relied upon as estoppel - Need to specifically plead.

AFRICAN PRODUCE SALES CO. LTD V. AYO

PLEADINGS:- Rule that a Party is bound by his own admission – Effect

AGBAHOMOVO V. EDUYEGBE

PLEADINGS:- Amendment - Effect of amendment - Status of previous pleadings after an amended pleading is filed - Whether such previous pleadings part of proceedings, are admissible and proper for consideration for any purpose.

AGINA V.  AGINA

PLEADINGS AND EVIDENCE:- Objects of pleadings – Need to settle/define the issues to be tried and to prevent one party from taking the other by surprise – Rule that court will not allow a party to raise an issue which is not pleaded – Rule that evidence on a matter not pleaded goes to no issue and should not be allowed to be given and, where given, such evidence must be ignored or disregarded by the trial court as going to no issue – Bounden duty of a trial judge, in deciding a case, to keep strictly to the pleadings of the parties and the issues joined and not stray, even when the interest of justice so demands, from the pleadings

AGU  V. IKEWEBE

PLEADINGS - EVIDENCE:- Rule that a Plaintiff is entitled to lead evidence on a point raised in the Defendant's pleading – Whether an exception to the general rule precluding a party from leading evidence on any matter not covered by his pleading – When not applicable

PLEADINGS:- Purpose of pleadings - What a good pleading of customary arbitration should aver - Order 18 rule 7 of the R.S.C., 1982 – Effect

AGUOCHA V. AGUOCHA

PLEADINGS: - Rule that parties are bound by their pleadings and any evidence given at the trial not pleaded go to no issue – Where defence seeks to raise an issue of fact – Need for the material and essential allegations in the statement of claim to be specifically be traversed – Whether it is not sufficient that the Statement of defence contains a general traverse

AGWUNEDU  V. ONWUMERE

PLEADINGS AND COURT:- Pleadings - When particulars therein insufficient - Power of court to order further particulars.

PLEADINGS:- Averment therein - How traversed - Need for clarity as to what is traversed and what is not.

PLEADINGS:- Particulars therein - Function of - Where insufficient for purposes of Civil Procedure Rules-Power of court to order further particulars.

AHUCHAOGU V. UFOMBA

PLEADINGS:- Bindingness of on parties - Evidence at variance with averments in pleadings - How treated.

AINA V. TRUSTEES NIG. RAILWAY CORP. PENSIONS FUND

PLEADINGS:- Defendant after filing defence raising preliminary objection why action should not be heard - Judge rejecting preliminary objection and treating objection as demurrer - Whether proper - High Court of Lagos (Civil Procedure) Rules Order 28 Rules l, 2, 3.

AINA V. WEST AFRICAN DRUG CO. LTD

PLEADINGS - AMENDMENT OF PLEADINGS:– Proper time to make an application for amendment of pleadings – When Court should grant an application to amend pleadings

AJANI V. OKUSAGA

PLEADINGS:- General traverse in pleadings-Order 13 rr. 10 & 11 of the High Court (Civil Procedure) Rules.

AJERO V. UGORJI

PLEADINGS:- Averment in pleading not proved by evidence - How treated.

AJIDAGBA V. ODENEYE (2)

PLEADINGS:- Title to land - Acquisition of title - Whether necessary to plead same.

AJOKE V. AMUSA YESUFU OBA

PLEADING:- Writ of Summons- Failure in Writ to claim relief against one Defendant – How treated

PLEADING:-  Amendment of Claim added by order of Court – Validity of further amendment by Trial Judge suo motu without objection and without calling upon parties to address the Court – Relevant considerations

AKANDE V. ALAGBE

PLEADINGS:- Documents - Reference in document pleaded to another- Whether pleadings - Trials Judge’s visit to locus - Calling of witnesses suo motu against consent of party - Effect.

AKANO  V. OLUKU

PLEADINGS:- Essence of.

 

AKINBANBI AND OTHERS V. DANIEL AND OTHERS

PLEADINGS:- Bindingness of - Whether parties are bound by the triable issues raised in their pleadings at a trial

AKINDE  V. ADELUSOLA

PLEADINGS:- Writ of summons  - Whether a plaintiff can in his statement of claim completely change the cause of action indorsed on the writ of summons without amending his writ.

AKINTOLA AND ANOR.  V. SOLANO

PLEADINGS:-  Averments – Where not specifically denied - averment that a party “is not in a position to deny or admit averments” of the opposition – Whether deemed to have averments unchallenged and thus not to in issue

PLEADINGS:– Need to raise triable issues in pleadings – Party’s oral evidence which is contrary to his pleadings - Effect of thereto

PLEADINGS:-  Averments in the Statement of Claim – Defendant’s duty to deny all such material averments in it as the Defendant intends to deny at the hearing - Allegation of fact which is not specifically denied, or stated not to be admitted – Effect – Need for denial of aversions not to be evasive but specific as to meet the point of substance pleaded in the Statement of Claim

AKPAN  V. UDO UTIN

PLEADINGS:- Traverse - Proper traverse - Rule of pleading in respect thereof.

 

AKPAPUNA AND ORS. V. OBI NZEKA AND AND ORS.

PLEADINGS:- Court and witness must act within issues.

AKUBUZE V. NWAKUCHE

PLEADINGS:- Defendant filing statement of Defence which introduces new issues - Duty of Plaintiff.

ALAKIJA  V. ABDULAI

PLEADINGS:- Estoppel - How pleaded.

ALAN FEMI LANA V. THE UNIVERSITY OF IBADAN

PLEADINGS:- Joinder of issues - Submis­sions on issues not joined - Effect thereof.

PLEADINGS:-Purpose and effect thereof.

PLEADINGS:- Reliance on statute - Duty of party

ALH. BADAMASI KABIR & ANOR V. ACTION CONGRESS (AC) & ORS.

ACTION - PLEADINGS: Whether to determine the real issues in controversy, Courts should examine the whole tenor of the pleadings

ALHAJI BANMIDELE LAWAL AND UNION BANK OF NIGERIA

PLEADINGS:- Averments in pleadings – How proved – Whether calling of witness compulsory

ALH. WADA V. CHIEF ALKALI

PLEADINGS:- Failure to plead Bad Faith-Pleading “without just cause” does not constitute a plea of ‘Bad Faith’.

PLEADINGS:- Statutory exception to a general statutory immunity from liability must be pleaded.

ALHAJI ADEBOLA OLAKUNLE ELIAS V. CHIEF TIMOTHY OMO-BARE

PLEADINGS:- Pleadings - Whether a pleaded document must he produced at trial

ALHAJI CHIEF PA. SULE JUBRIL & ORS V. AG OF EDO STATE

PLEADINGS:- Basic purpose or function of - Matters that a court has the bounden duty to decide – Need for parties to properly join issues

ALHAJI IBRAHIM SHEKA V. ALHAJI UMARU BASHARI

PLEADINGS:- Civil proceedings – Averments and Reply briefs - Essence of - Failure of plaintiff to file a reply to averments in a Statement of Defence which were not taken care of by the averments in the Statement of Claim - Whether an aberration to the rule of pleadings for a plaintiff to canvass in his reply an allegation of fact or new ground of claim different from the one contained in the Statement of Claim

ALHAJI MUSTAPHA IMAM V. AHMADU BELLO UNIVERSITY

PLEADINGS:- Party bound by his plead­ings.

ALHAJI OTARU AND SONS LIMITED V. AUDU IDRIS AND OTHERS

PLEADINGS:- Evidence led on fact not pleaded - How treated - Where acted upon by trial court - Duty on appellate court.

ALHAJI RABIU NUNKU V. JOHN AYA & ANOR

PLEADINGS AND EVIDENCE:- Binding nature of pleadings - Whether trial court can reject any evidence which is contrary to parties’ pleadings - forms of evaluation of evidence

ALHAJI RAZAK ADENIYI AYILARA V. FEDERAL MINISTRY OF WORKS

ACTION - PLEADINGS:- Whether before a party can legally rely on fraud as a defence, the fact of fraud must be pleaded and particulars thereof must be provided in the pleadings

ALHAJI SANNI SHAIBU V. J.O. BAKARE

ACTION AND PLEADINGS: Rule that parties are bound by their pleadings - Trial court – Whether has a duty to reject evidence which is contrary to the pleadings – Whether evidence must be in line with the pleadings and go to prove the averments in the pleadings.

ALLIED BANK OF (NIG) LTD V. AKUBUEZE(CA)

PLEADINGS:- Bindingness of - Evidence at variance with facts pleaded - How treated

PLEADINGS:- Documentary evidence - Whether requires pleading.

AMAVO LTD. V. B.T.M. LTD

 

AMERICAN CYANAMID COMPANY V. VITALITY PHARMACEUTICALS LTD

PLEADINGS:- Purpose and bindingness of.

AMOBI V. AMOBI AND ORS

PLEADINGS:- Bindingness of - Evidence on fact not pleaded - Effect of.

ANABARONYE V. NWAKAIHE

PLEADINGS:- Traditional history – How pleaded.

ANAEZE V. ANYASO

PLEADINGS:- Counter-claim - Absence of reply thereto - Effect.

PLEADINGS:- Fact pleaded and traversed - How proved.

ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITAL

PLEADINGS:- Binding nature of – Implication for parties

ANYAH V. AFRICAN NEWSPAPERS OF NIGERIA LTD.

PLEADINGS:- Role of

PLEADINGS:- Where defendant pleads justification as defence to libel - Whether defendant bound to prove it first.

ANYAWU V. MBARA

PLEADINGS:- Whether should contain statutes or laws - How pleaded - Tradition - How pleaded - Effect of improper pleading of.

APAMPA V. ABEOKUTA GOLF INTERNATIONAL LIMITED

PLEADINGS:- Order 25 Rule 2 Federal High Court (Civil Procedure) Rules, 2000 - Locus standi or issue of jurisdiction - Whether must be raised in the pleading before Court can take cognizance of

APOSTLE PETER EKWEOZOR & ORS V. THE REGISTERED TRUSTEES OF SAVIOURS APOSTOLIC CHURCH OF NIGERIA

PLEADINGS – STATUTE OF LIMITATION:-Rule that a defence of statute of limitation must be specifically pleaded to avoid the other party being taken by surprise – Whether leave can be granted to raise same on appeal where not raised at trial court

ARCHBISHOP OLUBUNMI OKOGIE & ORS. V. MRS MARGARET EPOYUN

ACTION - PLEADINGS: Need for issues to be raised from pleadings

AREFUNWON V. BARBER II

PLEADINGS:- Averment in general terms admitting wrong possession - Whether sufficient to constitute admission of possessory title

AREMU V. ADETORO

PLEADINGS – AVERMENTS:- Rule that parties are bound by their pleadings - Evidence of facts not pleaded or averred in Statement of Claim – Whether goes to no issue – Justification of

ARJAY LIMITED V. AIRLINE MANAGEMENT SUPPORT

PLEADINGS:- Binding effect of same on parties.

 

AROMOLARAN V. OLADELE(CA1)

PLEADINGS:- Enactments generally - Whether necessary to plead - S.73(1)(a), Evidence Act.

PLEADINGS:- Need to contain material facts.

ASANI SOGUNRO & ORS V. AREMU YEKU & ANOR

ACTION - PLEADINGS: The effect of pleadings

AUTO IMPORT EXPORT V. ADEBAYO

PLEADINGS:- Duty of party to plead facts.

 



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