CIVIL PROCEDURE — Pleadings — Parties Bound by Pleadings
Principle Statement
It is indeed a cardinal principle of law that pleadings are summary of the facts of a case that must be served on an opponent to enable him be on notice of the facts to contend with in court at the hearing. The purpose of pleadings is to avoid springing surprise on the other party.
Ratio Decidendi (Source)
Per Mukhtar, JSC, in Agala & Ors v. Okunsin & Ors (2010) NLC-123-25-2003(SC) at p. 12; Paras A–C.
"It is indeed a cardinal principle of law that pleadings are summary of the facts of a case that must be served on an opponent to enable him be on notice of the facts to contend with in court at the hearing. The purpose of pleadings is to avoid springing surprise on the other party."
Explanation / Scope
This principle establishes that pleadings bind the parties and serve to give notice of facts to be contended with, preventing surprise at trial. The principle applies in civil proceedings. It ensures that parties are on notice. The principle reflects the purpose of pleadings. It prevents ambush at trial. The court must ensure compliance. The principle provides guidance on the purpose and effect of pleadings.
