CIVIL PROCEDURE — Interlocutory Applications — Dismissal of Suit in Limine — Prematurity of Application
Ratio Decidendi
Per Adekeye, JSC, in UBN Plc v. Astra Builders (W.A.) Ltd (2010) NLC-123-103-2003(SC) at p. 13, paras. D–E:
"It is trite law that pleadings however strong and convincing the averments may be, without evidence of proof thereof go to no issue. Through pleadings people know exactly the points which are in dispute with the other. Evidence must be led to prove the facts relied on by the party or to sustain allegations raised in pleadings. A mere averment in pleadings prove nothing unless admitted."
Explanation / Scope
This principle establishes that pleadings, however strong, are not evidence and go to no issue without proof. Evidence must be led to prove facts relied on. The principle applies where dismissal of a suit in limine is sought. It ensures that pleadings are proved. The principle reflects that mere averments prove nothing unless admitted. It prevents dismissal based on untested pleadings. The court must require evidence. The principle provides guidance on the prematurity of applications to dismiss based on pleadings.