LEGAL PRINCIPLE: CONTRACT LAW – Time of the essence – Requirement of specific pleading
PRINCIPLE STATEMENT
Where time is made of the essence of a contract, this must be pleaded. Evidence showing such understanding is worthless if not pleaded.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Vanderpuye v. Gbadebo (1998) NLC-2341990(SC) at p. 6; Paras D–E.
"The Court of Appeal is therefore right to affirm the decision of the learned trial Judge that the nine months period within which the contract was to be completed was not pleaded nor was the fact that time was made of the essence of this contract pleaded. Evidence given by the appellant showing such understanding is indeed worthless."
EXPLANATION / SCOPE
Time being of the essence must be pleaded. Unpleaded facts cannot be proved. The principle applies to contract disputes. The court will disregard evidence on unpleaded matters. The rule ensures fair notice. The party must plead material facts. The principle is fundamental.