LEGAL PRINCIPLE: CIVIL PROCEDURE — Fair Hearing — Notice of Hearing — Statement of Claim as Adequate Notice
PRINCIPLE STATEMENT
There is no better notice of the case the respondent intended to make at trial than his statement of claim; service of the writ and statement of claim provides adequate notice.
RATIO DECIDENDI (SOURCE)
Per Salami, JCA, as adopted by Ejiwunmi, JSC, in Jonason Triangles Ltd. v. Charles Moh & Partners Ltd. (2002) NLC-1561999(SC) at p. 10; Paras A–B.
"It is not appellants' case that they were not aware of the respondent's case. They did not deny service of respondent's writ of summons and statement of claim on them prior to the date fixed for hearing. There is no better evidence or notice of the case the respondent intended to make at the trial than his statement of claim."
EXPLANATION / SCOPE
The statement of claim provides adequate notice of the plaintiff’s case. Service of the writ and statement of claim satisfies the requirement of fair hearing. The defendant cannot claim lack of notice if these documents were served. The principle applies to all civil proceedings. The defendant is expected to read the statement of claim. The court will not accept a claim of surprise where the statement of claim clearly sets out the case. The rule promotes efficiency and reduces technical objections. The defendant must respond to the case as pleaded. The principle ensures that parties are on notice.
