LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Sufficiency — Claim for Loss of Use Damages
PRINCIPLE STATEMENT
The main aim of a statement of claim is to convey the claim concisely to the defendant so that he can file a defence. It is only when a statement of claim is vague, ambiguous, or lacking specificity that a defendant can successfully attack it.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Cappa and D'Alberto Ltd v. Akintilo (2003) NLC-301999(SC) at pp. 11–12; Paras E–A.
"One main aim of statement of claim is to convey the claim and the accompanying case of the plaintiff concisely to the defendant so that he can file a statement of defence, if need be. The moment a statement of claim has performed that primary function, a defendant cannot complain. It is only when a statement of claim is vague, ambiguous and lacking specificity in language that a defendant can successfully attack it."
EXPLANATION / SCOPE
A statement of claim is sufficient if it gives fair notice of the claim. The principle applies to civil procedure. Technical precision is not required. The rule promotes substance over form. Vague or ambiguous pleadings may be attacked. The principle is well-established.