LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Fraud — Specificity Requirement for Fraud Allegations
PRINCIPLE STATEMENT
A plaintiff alleging fraud must specifically plead fraud or collusion with particulars and lead evidence to prove the allegations. General allegations without particulars are insufficient.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Okonkwo v. Cooperative & Commerce Bank (Nigeria) Plc (2003) NLC-581998(SC) at p. 8; Paras A–B.
"The simple answer here is that the plaintiff did not in his pleadings specifically plead fraud or collusion and even where he alluded to them, he furnished no particulars. He again led no evidence whatsoever to prove any of the allegations."
EXPLANATION / SCOPE
Fraud must be specifically pleaded with particulars. The principle applies to all civil proceedings. General allegations are insufficient. The rule ensures fair notice. The party must adduce evidence of fraud. The court will disregard unsubstantiated allegations. The principle is well-established.