CIVIL PROCEDURE — Pleadings — Effect of Abandoned Pleadings — No Issue Joined
Ratio Decidendi
Per Onnoghen, JSC, in Onwubuariri & Ors v. Igboasoyi & Ors (2011) NLC-123-212-2003(SC) at p. 8; Paras E—A:
"In the circumstance of this case it is clear that the non tendering of the said proceedings at the trial means that the facts pleaded in paragraphs 3 and 4 of the 2nd Amended statement of Defence, as far as they relate to the native court case proceedings, were abandoned and the trial court could not have made any findings relating thereto as to do so would have amounted to the court speculating on evidence not before it, which act is frowned upon by law. Since the pleading in question was abandoned, it means in law, no issue was joined between the parties for consideration by the trial court."
Explanation / Scope
This principle establishes that where a party pleads facts but fails to tender the supporting document at trial, the pleading is abandoned, no issue is joined, and the court cannot speculate on evidence not before it. The principle applies where pleaded documents are not tendered. It ensures that only evidence before the court is considered. The principle reflects the effect of abandoned pleadings. It prevents courts from speculating. The court must disregard abandoned pleadings. The principle provides guidance on abandoned pleadings.