LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Joinder of Issue — When Issue Is Joined on Pleadings
PRINCIPLE STATEMENT
Issues are said to be joined on the pleadings when an averment in the opponent's pleading has been denied or traversed.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Nwadiogbu & Ors v. Nnadozie & Ors (2001) NLC-301997(SC) at p. 9; Para B.
"Issues are said to be joined on the pleadings when an averment in opponent's pleading has been denied or traversed."
EXPLANATION / SCOPE
Joinder of issue occurs when a party denies or traverses an averment in the opponent’s pleading. The denial puts the fact in controversy, requiring proof at trial. Without denial, the fact is deemed admitted and need not be proved. The purpose is to identify the disputed facts requiring judicial determination. The rule promotes efficiency by focusing on contested issues. A general denial is insufficient; the denial must be specific. Failure to traverse material facts results in admission. The court decides only the issues joined. The principle is fundamental to adversarial litigation. The parties and court are bound by the issues joined. Amendments may be allowed to join additional issues.
