CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO PLEADINGS

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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO PLEADINGS

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TITLEMAIN ISSUES
A.C.B. V. MARY OKONKWO AND ORS.PLEADINGS:-
A.C.B. LTD V. EWARAMIPLEADINGS – 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. OBAPLEADINGS:- Facts admitted therein – Whether still need further proof – Section 75 of the Evidence Act.
A.C.B. VS EAGLE SUPER PACK (NIG) LTDPLEADINGS:-
A.G. ANAMBRA STATE V. ONUSELOGU ENTERPRISES LIMITEDPLEADINGS:- Meaning of and what it must contain – Pleadings – Purpose of
ABAYE  V OFILIPLEADINGS:- 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 VS PAN ATLANTIC AND TRANSPORT AGENCIES
ABIEGBE  V UGBODUMEPLEADINGS:- Essence of – Effect of breach of rules of pleading – Conflict in pleadings – effect of.
ABISI V EKWEALORPLEADINGS:- Estoppel – How pleaded. PLEADINGS:- Issues not pleaded -Whether Court of Appeal may determine.
ABORODE  ALADE 2 ORS VS BUARI AKANDE AND ANORPLEADINGS:- 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 ANNAHPLEADINGS:- 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 & ANORACTION – 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 OKEPLEADINGS:- 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. AKINRIMISIPLEADINGS:- 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.  ASERIFAPLEADINGS:- Facts not denied – Effect. PLEADINGS:- Evidence of facts not pleaded – Effect.
ADELEKE v. AWOLIYI AND ANOTHERPLEADINGS:- 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 OKOROPLEADINGS:- 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 ALAOPLEADINGS:- 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  VS. OLAGUNJUPLEADINGS:- Amendment of – Where a party has closed his case –Guiding principles.
ADEOYE V ADEOYEPLEADINGS:- Trial-Party bound by facts pleaded- May not argue converse of those facts.
ADEROUNGBOYE v. N.B.N. LTDPLEADINGS:- Plaintiff asserting to be a money-lender in claim – Defendant asserting otherwise – Defendant later asserting plaintiff to be money-lender – Whether permissible.
ADESANYA V.  OTUEWUPLEADINGS:- 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 ADEROHUNMUPLEADINGS:- 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. – CopyACTION – PLEADINGS:- Whether pleadings are regarded as evidence by itself – When can be deemed abandoned
ADIKE  V. OBIARERIPLEADINGS:- General traverse – effect of.
ADIMORA V. AJUFOPLEADINGS:- 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 JADESIMIPLEADINGS:- 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 OTHERSPLEADINGS:- 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. IKEBUDUPLEADINGS:- 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. AYOPLEADINGS:- Rule that a Party is bound by his own admission – Effect
AGBAHOMOVO V EDUYEGBEPLEADINGS:- 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  AGINAPLEADINGS 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 IKEWIBEPLEADINGS – 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. AGUOCHAPLEADINGS: – 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. ONWUMEREPLEADINGS 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 VS. UFOMBAPLEADINGS:- Bindingness of on parties – Evidence at variance with averments in pleadings – How treated.
AINA V. TRUSTEES NIG. RAILWAY CORP. PENSIONS FUNDPLEADINGS:- 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. LTDPLEADINGS – AMENDMENT OF PLEADINGS:– Proper time to make an application for amendment of pleadings – When Court should grant an application to amend pleadings
AJANI V OKUSAGAPLEADINGS:- General traverse in pleadings-Order 13 rr. 10 & 11 of the High Court (Civil Procedure) Rules.
AJERO V UGORJIPLEADINGS:- 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 OBAPLEADING:- 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 ALAGBEPLEADINGS:- 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. OLUKUPLEADINGS:- Essence of.
AKINBANBI AND OTHERS V. DANIEL AND OTHERSPLEADINGS:- Bindingness of – Whether parties are bound by the triable issues raised in their pleadings at a trial
AKINDE  V. ADELUSOLAPLEADINGS:- 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. SOLANOPLEADINGS:-  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 UTINPLEADINGS:- 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 NWAKUCHEPLEADINGS:- Defendant filing statement of Defence which introduces new issues – Duty of Plaintiff.
ALAKIJA  V ABDULAIPLEADINGS:- Estoppel – How pleaded.
ALAN FEMI LANA V THE UNIVERSITY OF IBADANPLEADINGS:- 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 NIGERIAPLEADINGS:- Averments in pleadings – How proved – Whether calling of witness compulsory
ALH. WADA V CHIEF ALKALIPLEADINGS:- 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-BAREPLEADINGS:- Pleadings – Whether a pleaded document must he produced at trial
ALHAJI CHIEF PA. SULE JUBRIL & ORS V. AG OF EDO STATEPLEADINGS:- 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 BASHARIPLEADINGS:- 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 UNIVERSITYPLEADINGS:- Party bound by his plead­ings.
ALHAJI OTARU AND SONS LIMITED V AUDU IDRIS AND OTHERSPLEADINGS:- Evidence led on fact not pleaded – How treated – Where acted upon by trial court – Duty on appellate court.
ALHAJI RABIU NUNKU V. JOHN AYA & ANORPLEADINGS 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 WORKSACTION – 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. BAKAREACTION 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 LTDPLEADINGS:- Purpose and bindingness of.
AMOBI V AMOBI AND ORSPLEADINGS:- Bindingness of – Evidence on fact not pleaded – Effect of.
ANABARONYE V NWAKAIHEPLEADINGS:- Traditional history – How pleaded.
ANAEZE V ANYASOPLEADINGS:- Counter-claim – Absence of reply thereto – Effect. PLEADINGS:- Fact pleaded and traversed – How proved.
ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITALPLEADINGS:- 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. MBARAPLEADINGS:- Whether should contain statutes or laws – How pleaded – Tradition – How pleaded – Effect of improper pleading of.
APAMPA V. ABEOKUTA GOLF INTERNATIONAL LIMITEDPLEADINGS:- 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 NIGERIAPLEADINGS – 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 EPOYUNACTION – PLEADINGS: Need for issues to be raised from pleadings
AREFUNWON V BARBER IIPLEADINGS:- Averment in general terms admitting wrong possession – Whether sufficient to constitute admission of possessory title
AREMU V ADETOROPLEADINGS – 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 SUPPORTPLEADINGS:- 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 & ANORPLEADINGS: The effect of pleadings
AUTO IMPORT EXPORT V ADEBAYOPLEADINGS:- Duty of party to plead facts.
AWANI AND OTHERS . V. THE OLU OF WARRI AND OTHERSPLEADINGS:- Application for order to join parties in suit and defend – Application refused as adjournment not desired by court – Frequent adjournments Exercise of discretion – Order 7 Rule 10(2) High Court Civil Procedure Rules.
AWOSILE V. SOTUNBOPLEADINGS:- Illiteracy – Need to plead where sought to be relied upon.
AYOKE  V BELLOPLEADINGS:- Issues raised therein ‑ Duty on trial court in respect thereof PLEADINGS:- Need to confine decisions thereto.
AYUA V ADASUPLEADINGS:- Duty on court to decide on facts pleaded and evidence given. PLEADINGS:- Duty on court to decide on facts pleaded and evidence given.
B. LEONARD MACFOY V UNITED AFRICA CO. LTDPLEADINGS AND COURT PROCESSES:- Delivery of processes and pleadings – Whether delivery made during judicial vacations are invalidated thereby – Difference between void and voidable acts or a nullity and mere irregularity
PLEADINGS:- Traverse
B.G.C.C. V SPETSAI (NO.2)PLEADINGS:- Document referred to in a pleading – Whether court to give effect to it.
BABA  BICHI V. HALADUELECTION PETITION AND PLEADINGS:– Where same have been concluded – Raising of preliminary objection thereafter – Whether respondents can be said to have taken fresh steps in the petition therein.
BABALOLA V. BABALOLAPLEADINGS:- Need for parties to align their pleadings with proper reliefs – Where findings of court cannot support grant of relief sought by party – Whether court is duty bound to dismiss same
BABAOYE V ADEBONAPLEADINGS:- Document inadmissible for want of registration – Pleading thereof – Not allowed.
BABATUNDE AJAYI V. TEXACO NIGERIA LIMITED and ORSPLEADINGS:- Parties bound by pleadings and claimant can only get what he claims in pleadings.
BAKARE V. L. S. C. S. CPLEADINGS:- Bindingness of on parties and the court – Fact not pleaded – How treated.
BALA YA’U VS BANK OF THE NORTH LIMITEDPLEADINGS:- Bindingness of pleadings as basis of evidence led and made by court
BALOGUN V U.B.A. LTD.PLEADINGS:- General traverse – Effect and propriety of. PLEADINGS:- Issues joined on pleadings – Failure PLEADINGS:- Statement of defence – General denial of plaintiff s claims -Whether sufficient and admissible.
BAMGBOSE V JIAZAPLEADINGS:- Bindingness of – Fact not pleaded – How treated.
BAMGBOYE V. UNIVERSITY OF ILORINPLEADINGS:- Bindingness of.
BAMISHEBI V. OTEPLEADINGS:- Aim of – Amendment of – Principles governing.
BANJO V.  ETERNAL SACRED ORDER OF CHERUBIM AND SERAPHIMPLEADINGS:- Objection – in limine to issue of writ – No Statement of Defence.
BARCLAYS BANK D.C.O. V MEMUNATU HASSANPLEADING:— When objection to the validity of a document need to be specifically pleaded – Need to plead unenforceability of document – Exceptions thereof – Attitude of court to a document which is void for illegality on its face or from evidence adduced
BATA NIGERIA (SALES) LIMITED V. BRIGADIER MARTIN ADAMUCIVIL ACTION AND PLEADINGS:- Rehearing – Amendment of pleadings – Direction by Judge as to amendment of pleadings – Exercise of Judges discretion.
BELLO ADELEKE V BENJAMIN ADEWUSIPLEADINGS:- Need to introduce and show relevance of evidence – Relevance of past judgments introduced as evidence – Judgment based on matter not in issue and on erroneous view of evidence.
BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORSPLEADINGS:- Role of pleadings in civil actions – Effect of failure by the Defendant to file a defence to controvert or deny the averment in the statement of claim – Whether the statement of defence from another action can be read together in order to ascertain whether there has been sufficient traverse of the facts in the statement of claim – An allegation not specifically denied or stated not to be admitted must be taken as admitted – Effect thereof
BENSON IKOKU V ENOCH OLIPLEADINGS:- Malicious Prosecution – Al­legation that charge was false but not that it was false to the knowledge or belief of defendant – Whether allegation of crime made.
BEST OILS  LTD V. ORUOSAPLEADINGS:- Binding nature of pleadings on the courts and the parties.
BIMT VENTURES LIMITED V.. LINPAK NIGERIA LIMITEDACTION – PLEADED FACTS: Effect of pleaded facts which do not establish the prayers before the court
BOLIVINTER OIL SA  V CHASE MANHATTAN BANK AND OTHERSPLEADINGS:- Averment in statement of claim – Where defendant disputes same – What ought to be done.
BONIFACE ANYIKA AND CO. (Nig.) LTD.  v. UZOREVIDENCE:- Proof- Pleadings -Averment in pleading – Whether constitutes evidence – Need for oral evidence on fact pleaded EVIDENCE:- Proof – Pleadings – Bindingness of – Evidence given on fact not pleaded – How treated.
BOTTIN (INTERNATIONAL) INVESTMENTS LTD V VENSON GROUP PLC AND OTHERS
BRITISH INDIA GEN. INS. CO. (NIG) LTD V. THAWARDASPLEADINGS:- Admissions – Appeals – issue of insurable interest not raised in pleadings or evidence – Effect of this on appellate court.
BUHARI V OBASANJOEVIDENCE:- Proof – Pleadings – Bindingness of – Evidence led on fact not pleaded – How treated. EVIDENCE:- Proof – Pleadings – Facts in pleadings of the adverse party – Whether other party entitled to lead evidence thereon.
BUNGE  v. GOVERNOR OF RIVERS STATEPLEADINGS:- Admission in pleadings – Effect – How treated. PLEADINGS:- Issues raised therein – Need for court to identify and confine itself thereto.
BURAIMOH  V BAMGBOSEPLEADINGS:- Rule affair hearing.
BURAIMOH OLORIODE & ORS. v. SIMEON OYEBI & ORS.ACTION – PLEADINGS:- What is the effect where a statement of claim does not support a claim and the order to be made by the court in such case
C.C.B. (NIG.) LTD. V ODOGWUPLEADINGS:- Traverse of a pleading ‑ Effect.
CARDOSO V DANIELPLEADINGS:- Res judicata – When applicable – Principles – Pleadings – Failure of defendant to specifically deny plaintiffs’ averments – Effect.
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