LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Reply — Plaintiff May Set Up Affirmative Case to Show Defendant’s Claim Is False
PRINCIPLE STATEMENT
A plaintiff may file a reply but shall raise no new ground of claim or contain allegations inconsistent with previous pleadings. However, where a defendant pleads a different set of facts, it is not only right but proper for the plaintiff to set up such facts as would show the lie in the claim of the defendant.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ughutevbe v. Shonowo (2004) NLC-1601997(SC) at pp. 8–9; Paras E–A; pp. 15–16; Paras E–A.
"A plaintiff may file a reply to the statement of defence but such a pleading, not being a petition or summons, shall except by way of amendment, raise no new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. […] Where, as in this case, a defendant sought to justify himself or his action by pleading that a set of facts existed different from that pleaded by the plaintiff, it is not only right but proper for the plaintiff to set up such facts as would show the lie in the claim of the defendant."
EXPLANATION / SCOPE
Reply cannot introduce new claims or facts inconsistent with the statement of claim. However, when a defendant pleads a different set of facts, the plaintiff may properly reply to show those claims are false. The principle applies to civil pleadings. The rule allows plaintiffs to counter new defensive allegations. The reply in such cases is a legitimate response, not an impermissible new claim. The court permits rebuttal of the defendant’s contrary factual assertions.
