LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Reply to Statement of Defence — When Necessary
PRINCIPLE STATEMENT
Where the plaintiff proposes to lead material evidence in rebuttal or to raise new issues of fact not covered by the statement of claim or defence, it is prudent and desirable to file a reply.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Spasco Vehicle and Plant Hire Company Limited v. Alraine (Nigeria) Limited (1995) NLC-1641989(SC) at p. 12; Paras. A–C.
"Where because of the nature of the Statement of Defence filed and the averments therein contained, the plaintiff proposes to lead material evidence in rebuttal or to raise new issues of fact not covered by his Statement of Claim or the Statement of Defence already filed, then it is prudent and, indeed, desirable in such circumstances for the plaintiff to file a reply in answer to the new issues raised."
EXPLANATION / SCOPE
A reply is necessary when the plaintiff wishes to introduce new facts or rebut new issues raised in the defence. Without a reply, the plaintiff cannot adduce evidence of matters not already pleaded. The reply gives the defendant notice. The principle ensures that the defendant is not taken by surprise. A reply is not required if the plaintiff merely traverses the defence. The rule applies to civil proceedings. The court may allow amendment if a reply is necessary. The plaintiff may be precluded from raising new issues without a reply. The principle promotes orderly litigation and fair hearing.