LEGAL PRINCIPLE: CIVIL PROCEDURE — Laches and Acquiescence — Defence Must Be Properly Pleaded with Particulars — Evidence on Unpleaded Facts Goes to No Issue
PRINCIPLE STATEMENT
Where a defendant pleads laches and acquiescence without pleading supporting facts, the defence is not available. Evidence given on facts not pleaded goes to no issue and should be disregarded.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ezekwesili & Ors v. Agbapuonwu & Ors (2003) NLC-1081998(SC) at p. 32; Paras A–D.
"Nowhere in their further amended statement of defence did they plead facts upon which the defence or defences could be predicated... Other than the above pleading they pleaded no facts in support of the defences raised in paragraph (1). In this circumstance, therefore, it will be right to say that the defences were not available to them... evidence given on facts not pleaded goes to no issue and such evidence ought to have been disregarded."
EXPLANATION / SCOPE
Laches and acquiescence must be specifically pleaded with particulars. The principle applies to civil procedure. Unpleaded facts cannot support the defence. The rule ensures fair notice. The court will disregard evidence on unpleaded matters. The principle is well-established.