CIVIL PROCEDURE — Pleadings — Joinder of Issues — Failure to Deny Material Fact
Ratio Decidendi
Per Adekeye, JSC, in Obineche & Ors v. Akusobi & Ors (2010) NLC-123-287-2003(SC) at p. 8; Paras A-B:
"It is trite that facts not pleaded go to no issue. Cases are fought and decided only on the issues joined and established on the pleadings of parties. Going by the pleading of the parties, the appellants failed to join issues on the facts of substance raised by the respondents regarding the 1952 judgment in their favour."
Explanation / Scope
This principle establishes that facts not pleaded go to no issue, and cases are decided only on issues joined on pleadings. Failure to deny material facts means they are admitted. The principle applies where a party fails to respond to material allegations. It ensures that pleadings define the issues for trial. The principle reflects that pleadings are the foundation of the case. It prevents parties from raising issues not pleaded. The court must consider only issues joined. The principle provides guidance on the effect of failure to deny material facts.