LEGAL PRINCIPLE: CONTRACT LAW – Illegality – Undue Influence – Requirement of Pleading and Proof
PRINCIPLE STATEMENT
Reliance on the exception of undue influence must be established by positive evidence or strong inference that can be drawn from the surrounding circumstance. Having held the view that the parties never made an issue of the question of undue influence - either in their pleadings or evidence- there would be no jurisdiction whatsoever for the learned trial Judge to make any purported finding on undue influence.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Pan Bisbilder Nigeria Ltd. v. First Bank of Nigeria Ltd. (2000) NLC-1141991(SC) at p. 8; Paras C–D.
"Reliance on the exception of undue influence must be established by positive evidence or strong inference that can be drawn from the surrounding circumstance. Having held the view that the parties never made an issue of the question of undue influence - either in their pleadings or evidence- there would be no jurisdiction whatsoever for the learned trial Judge to make any purported finding on undue influence."
EXPLANATION / SCOPE
Undue influence must be pleaded and proved by positive evidence or strong inference from circumstances. A court cannot make findings on undue influence where parties never raised the issue in pleadings or evidence. The court lacks jurisdiction to decide unpleaded issues. Mere suspicion or judicial speculation cannot substitute for proof. The burden lies on the party alleging undue influence to adduce evidence. Where no issue is joined on undue influence, any finding is extraneous and must be disregarded. This ensures fair hearing and prevents surprise. Unpleaded defences are unavailable.