"A party shall plead specifically any matter for example, performance, release, any relevant statute of limitation, fraud or any fact showing illegality which if not specifically pleaded might take the...
Explore NLC Curated Legal Principles
"It is trite law that a court should not and cannot make a case for the parties different from what they set out in their pleadings... It is not open...
"Now it is elementary and settled that neither the Judge nor the parties are permitted to go outside the pleading relied upon by the parties. In an action based on...
"It must be borne in mind that the pleadings in an action determine and control the way and manner the trial of an action will succeed or fail. Being the...
"A plaintiff may file a reply to the statement of defence but such a pleading, not being a petition or summons, shall except by way of amendment, raise no new...
"It has been held in Ladega v. Akinliyi (1975) 2 SC 91 that where a defendant fails to ask in his pleading, even in the alternative, for relief against forfeiture,...
"It is trite law that pleadings simpliciter not supported by evidence cannot be accepted as evidence and is deemed abandoned."
"Under the rules of pleadings, a pleader who has pleaded more than he strictly needs to have done can always disregard the unnecessary or surplus averments and rely on the...
"A party to a suit is not obliged to lead evidence in proof of every averment in his pleadings. Although he is bound by his pleadings, he is at liberty...
"To ascertain the exact claim of a plaintiff in a suit, one generally must have recourse to the writ of summons and the claim as endorsed in the statement of...
"Pleadings are the body and soul of any case in a skeleton form and are built up and solidified by the evidence in support thereof. They are never regarded as...
"The respondents are bound by the pleadings and cannot at the trial be allowed by the Supreme Court or indeed any other court to set up a case different from...
