LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Joinder of Issues – Determination of Whether Issue Has Been Joined
PRINCIPLE STATEMENT
In determining whether issue has been joined on a point, it is not proper to consider a particular paragraph of the statement of defence in isolation of the other paragraphs. This is so because those other paragraphs may contain averments which amount to specific denial in the sense that they put up a case different from that of the plaintiff although not directly mentioning the paragraphs of the statement of claim being denied or disputed. That is how to ascertain the issues properly joined on the pleadings.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eke & Ors v. Okwaranyia & Ors (2001) NLC-151996(SC) at p. 14; Paras A–B.
"In determining whether issue has been joined on a point, it is not proper to consider a particular paragraph of the statement of defence in isolation of the other paragraphs. This is so because those other paragraphs may contain averments which amount to specific denial in the sense that they put up a case different from that of the plaintiff although not directly mentioning the paragraphs of the statement of claim being denied or disputed. That is how to ascertain the issues properly joined on the pleadings."
EXPLANATION / SCOPE
To determine whether issue has been joined, the court must not read a paragraph of the defence in isolation. Other paragraphs may contain averments that amount to specific denial by presenting a different case from the plaintiff’s, even without directly referencing specific paragraphs. The court examines the defence as a whole to ascertain the real issues joined. The principle prevents technical objections based on failure to specifically deny each paragraph. The test is whether the defence puts the plaintiff on notice of the disputed facts. If the defence sets up a different case, issue is joined. The court looks at substance, not form. The opposing party must not be misled. The rule promotes fair adjudication on the real issues.
