LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Purpose of Pleadings
PRINCIPLE STATEMENT
The purpose of pleadings is to bring the parties to issues that arise so that either part may know the real points to be discussed and decided when the case comes on for trial. In other words, the issues to be resolved are defined before hand. But they must be issues upon facts which are relevant for pleading purposes in the sense that they go to the substance of the matter calling for a decision; and there is no obligation as a pleading procedure to set out the subordinate facts that may help as evidential material. In that case, the parties must only plead in such a way as to prevent surprise when leading evidence in support of their case.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eke & Ors v. Okwaranyia & Ors (2001) NLC-151996(SC) at p. 15; Paras B–D.
"The purpose of pleadings is to bring the parties to issues that arise so that either part may know the real points to be discussed and decided when the case comes on for trial. In other words, the issues to be resolved are defined before hand. But they must be issues upon facts which are relevant for pleading purposes in the sense that they go to the substance of the matter calling for a decision; and there is no obligation as a pleading procedure to set out the subordinate facts that may help as evidential material. In that case, the parties must only plead in such a way as to prevent surprise when leading evidence in support of their case."
EXPLANATION / SCOPE
Pleadings define the real issues for trial so parties know the points to be discussed and decided. Issues must be based on facts relevant to the substance of the matter. There is no obligation to plead subordinate facts that are merely evidential. Parties must plead to prevent surprise when leading evidence. The purpose is fair notice, not exhaustive detail. The court decides only the issues joined. The principle prevents trial by ambush. The opposing party must be able to prepare their case. Pleadings must be sufficient to identify the controversy, not to prove the case. Subordinate facts can be introduced as evidence without being pleaded. The court focuses on material facts.
