LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Denial of Averments — Effect of Amendment and Specific Denial
PRINCIPLE STATEMENT
Where a statement of defence is amended to specifically deny paragraphs of the statement of claim, it is an error for the court to hold that those paragraphs were not denied.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Okomu Oil Palm Company Limited v. Iserhienrhien (2001) NLC-1211995(SC) at pp. 8–9; Paras D–A.
"The court below was in error to have held that paras. 31-35 of the statement of claim were not denied. The amendment to the statement of defence specifically denied those paragraphs. It is clear that the lower court was in error to have held that paras. 31-35 of the statement of claim were not denied."
EXPLANATION / SCOPE
When a defendant amends the statement of defence to specifically deny averments in the statement of claim, the court must recognise that those paragraphs have been denied. An appellate court errs by holding that such paragraphs were not denied. The amendment takes effect from the date of the original pleading. The court must read the amended defence as a whole. Specific denial puts those facts in issue, requiring proof. The plaintiff cannot rely on the deemed admission rule. The principle ensures that amendments are given full effect. The court cannot ignore clear denials in an amended pleading. The opposing party is on notice that those facts are contested.
