LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Surplus Averments May Be Disregarded
PRINCIPLE STATEMENT
Under the rules of pleadings, a pleader who has pleaded more than he strictly needs to have done can always disregard the unnecessary or surplus averments and rely on the more limited ones.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at p. 4; Paras D–E.
"Under the rules of pleadings, a pleader who has pleaded more than he strictly needs to have done can always disregard the unnecessary or surplus averments and rely on the more limited ones."
EXPLANATION / SCOPE
A pleader may disregard unnecessary or surplus averments and rely on more limited ones. Over-pleading does not force a party to prove every pleaded fact. The principle applies to civil pleadings. The rule allows parties to streamline their case at trial. The court will focus on material averments actually relied upon. Surplusage does not vitiate the pleading or require proof.
