CIVIL PROCEDURE — Pleadings — Averments Without Evidence — Worthless
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 19; Paras B—D:
"Averments in pleadings are facts as perceived by the party relying on them. There must be oral or/and documentary evidence to show that the facts pleaded are true. Consequently pleadings without evidence to support it are worthless."
Explanation / Scope
This principle establishes that averments in pleadings must be supported by oral or documentary evidence; pleadings without evidence are worthless. The principle applies in all civil proceedings. It ensures that pleadings are proved. The principle reflects that pleadings are not evidence. It prevents reliance on unproved averments. The court must require evidence. The principle provides guidance on pleadings and evidence.