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Pleadings are written statements or allegations of the parties in an action begun by WRIT OF SUMMONS AT THE HIGH COURT setting out in summary form the particulars of the materials facts on which each party relies for his claim or defence.
No definition of pleadings in statute. Only cases give the definition of pleadings – sets out material facts in dispute. A brief summary of each parties case: Ascertainment of disputes btw the parties and those with which there is agreement btw them – Mobil v LASEPA. Pleadings are peculiar to actions started by way of writ. Pleadings are for actions in the High Ct. It is briefs in the Ct of Appeal
ORDER 23 ABUJA; ORDER 15 LAGOS
RELATIONSHIP BETWEEN WRIT OF SUMMONS AND PLEADINGS
Writ of summons ordinarily does not form part of pleadings-LEWIS V. PARKER
A Writ of Summons may qualify as a pleading if it is specially endorsed.
However, once a statement of claim is filed, it SUPERCEDES the writ. Any statement in the writ not in the Statement of Claim is deemed abandoned.
Where a Statement of Claim refers to the writ. BOTH MUST BE READ TOGETHER.
FUNCTIONS OF PLEADINGS
Pleadings define and ascertain the various matters in dispute between the parties and those upon which they are agreed. HIGHGRADE MARITIME LTD V. FBN LTD.
Pleadings serve as a notice to the other party as to what to expect and thus forestalls the springing of surprises thus saving time and cost. GEORGE V. DOMINION FLOUR MILLS LTD.
They serve as a guide to the court as to the precise matters to decide between the parties.
Pleadings constitute a permanent record of the issues and questions raised and determined between the parties and constitute public record.
Pleadings show on whom the burden of proof lies on the respective issues raised-BAKARE V. ACB LTD.
It aids the parties to determine the proper approach to the opponents’ case. A party may upon the pleadings apply for judgment upon admission –
Order 28 Rule 3 (ABJ); Order 19 Rule 4 (LAG)
Determines the evidential burden and shows where the burden of proof must lie
CONTENTS OF PLEADINGS
These are the cardinal rules as to what the pleadings should contain or should not contain.
0rder 23 Rule 4 Abuja Rules 2004;
0rder 15- Order 19 Lagos Rules 2012
AGU V.IKEWIBE
1. Every pleading must contain only material facts. The material facts are those facts essential to the party’s case. BRUCE V. ODHAM’S PRESS LTD.
2. Pleadings must not CONTAIN EVIDENCE but shall contain facts by which the evidence is shown.
3. A party is not allowed to PLEAD LAW OR LEGAL ARGUMENTS OR CONCLUSIONS. OBIJULU V. OZIM EXCEPT Where the point of law pleaded will dispose of the entire action-MARTINS V. FED ADMINISTRATOR GENERAL
4. The facts must be stated precisely, positively, distinctly and briefly
5. Pleadings must contain relief sought or prayers.
FORMAL REQUIREMENTS OF PLEADINGS
1a. Pleadings should be printed, have the heading of the court, suit No., parties title.
b. Introduction ⇒ introduces the parties in a statement of claim; states the general traverse in a statement of defence.
c. The body ⇒ facts which gave rise to the suit
d. The relief/prayer part
e. Pleadings must be dated
f. Signature of the claimant’s counsel or the claimant himself – SLB Consortium v NNPC (legal practitioner should sign the document in the name he is called to the bar), before adding the firm’s name, then state plaintiff or defendant’s counsel
g. Address of defendant or claimant for service
2. Pleadings are arranged in paragraphs and numbered consecutively
a. The paragraphs should be written in a chronological order
b. Avoid the use of pronouns
c. There must be consistency in the nomenclature e.g. Deed of lease. This is so as to avoid confusion or ambiguity
d. Dates, sums and numbers shall be written in figures and not words. However, 0rder 23 Rule 4(2) Abuja permits the expression of these items in words too).
NB: when documents are pleaded, there is no need to state that the document is hereby attached as Exhibit A. Just state that the document will be relied on at trial. This is because unlike affidavits, pleadings do not constitute evidence.
No definition of pleadings in statute. Only cases give the definition of pleadings – sets out material facts in dispute. A brief summary of each parties case: Ascertainment of disputes btw the parties and those with which there is agreement btw them – Mobil v LASEPA. Pleadings are peculiar to actions started by way of writ. Pleadings are for actions in the High Ct. It is briefs in the Ct of Appeal
ORDER 23 ABUJA; ORDER 15 LAGOS
RELATIONSHIP BETWEEN WRIT OF SUMMONS AND PLEADINGS
Writ of summons ordinarily does not form part of pleadings-LEWIS V. PARKER
A Writ of Summons may qualify as a pleading if it is specially endorsed.
However, once a statement of claim is filed, it SUPERCEDES the writ. Any statement in the writ not in the Statement of Claim is deemed abandoned.
Where a Statement of Claim refers to the writ. BOTH MUST BE READ TOGETHER.
FUNCTIONS OF PLEADINGS
Pleadings define and ascertain the various matters in dispute between the parties and those upon which they are agreed. HIGHGRADE MARITIME LTD V. FBN LTD.
Pleadings serve as a notice to the other party as to what to expect and thus forestalls the springing of surprises thus saving time and cost. GEORGE V. DOMINION FLOUR MILLS LTD.
They serve as a guide to the court as to the precise matters to decide between the parties.
Pleadings constitute a permanent record of the issues and questions raised and determined between the parties and constitute public record.
Pleadings show on whom the burden of proof lies on the respective issues raised-BAKARE V. ACB LTD.
It aids the parties to determine the proper approach to the opponents’ case. A party may upon the pleadings apply for judgment upon admission –
Order 28 Rule 3 (ABJ); Order 19 Rule 4 (LAG)
Determines the evidential burden and shows where the burden of proof must lie
CONTENTS OF PLEADINGS
These are the cardinal rules as to what the pleadings should contain or should not contain.
0rder 23 Rule 4 Abuja Rules 2004;
0rder 15- Order 19 Lagos Rules 2012
AGU V.IKEWIBE
1. Every pleading must contain only material facts. The material facts are those facts essential to the party’s case. BRUCE V. ODHAM’S PRESS LTD.
2. Pleadings must not CONTAIN EVIDENCE but shall contain facts by which the evidence is shown.
3. A party is not allowed to PLEAD LAW OR LEGAL ARGUMENTS OR CONCLUSIONS. OBIJULU V. OZIM EXCEPT Where the point of law pleaded will dispose of the entire action-MARTINS V. FED ADMINISTRATOR GENERAL
4. The facts must be stated precisely, positively, distinctly and briefly
5. Pleadings must contain relief sought or prayers.
FORMAL REQUIREMENTS OF PLEADINGS
1a. Pleadings should be printed, have the heading of the court, suit No., parties title.
b. Introduction ⇒ introduces the parties in a statement of claim; states the general traverse in a statement of defence.
c. The body ⇒ facts which gave rise to the suit
d. The relief/prayer part
e. Pleadings must be dated
f. Signature of the claimant’s counsel or the claimant himself – SLB Consortium v NNPC (legal practitioner should sign the document in the name he is called to the bar), before adding the firm’s name, then state plaintiff or defendant’s counsel
g. Address of defendant or claimant for service
2. Pleadings are arranged in paragraphs and numbered consecutively
a. The paragraphs should be written in a chronological order
b. Avoid the use of pronouns
c. There must be consistency in the nomenclature e.g. Deed of lease. This is so as to avoid confusion or ambiguity
d. Dates, sums and numbers shall be written in figures and not words. However, 0rder 23 Rule 4(2) Abuja permits the expression of these items in words too).
NB: when documents are pleaded, there is no need to state that the document is hereby attached as Exhibit A. Just state that the document will be relied on at trial. This is because unlike affidavits, pleadings do not constitute evidence.
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