LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Party Not Obliged to Lead Evidence on Every Averment
PRINCIPLE STATEMENT
A party to a suit is not obliged to lead evidence in proof of every averment in his pleadings. Although he is bound by his pleadings, he is at liberty to abandon such averments as he considers unnecessary to his case or which he is unable to prove.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at pp. 17–18; Paras E–A.
"A party to a suit is not obliged to lead evidence in proof of every averment in his pleadings. Although he is bound by his pleadings, he is at liberty to abandon such averments as he considers unnecessary to his case or which he is unable to prove."
EXPLANATION / SCOPE
A party may abandon or not prove every averment in his pleadings. He is bound by his pleadings but can choose which averments to prove. The principle applies to all civil proceedings. The rule recognizes practical realities of litigation. The party may focus on material averments and abandon surplus or unnecessary ones. The court will not require proof of abandoned or surplus pleadings.
