CIVIL PROCEDURE — Pleadings — Abandonment of Pleaded Facts — Failure to Call Evidence
Ratio Decidendi
Per Onnoghen, JSC, in Bilante Int'l Ltd v. NDIC (2011) NLC-123-177-1996(SC) at p. 8; Paras A—B:
"The duty is on a plaintiff to establish his claim against a defendant by calling evidence relevant to the facts pleaded. Where no evidence is called the facts pleaded are deemed abandoned and cannot ground any claim in law."
Explanation / Scope
This principle establishes that a plaintiff must call evidence relevant to the facts pleaded, and where no evidence is called, the facts are deemed abandoned and cannot ground a claim. The principle applies in all civil proceedings. It ensures that pleadings are supported by evidence. The principle reflects the requirement for proof. It prevents reliance on unproved facts. The court must require evidence. The principle provides guidance on abandoned pleadings.