LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Defence — Averment That Claim Is Bad in Law and Equity Sufficient When Preceded by Detailed Material Facts
PRINCIPLE STATEMENT
A defence averring that the claim is bad in law and equity is sufficient when preceded by detailed material facts showing that the defendant was a bona fide purchaser for value without notice.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Abudu v. Eguakun (2003) NLC-771996(SC) at pp. 5–6; Paras E–A.
"In my view, the court below was clearly in error to hold that the appellant did not make sufficient pleading. It was clear that the appellant was bona fide purchaser for value and without notice of any defect in the title or the authority of Omorodion Eguakun to sell the land."
EXPLANATION / SCOPE
A defence need not name specific equitable doctrines if material facts are pleaded. The principle applies to civil procedure. The court can infer the legal basis from the facts. The rule promotes substance over form. The opposing party is on notice of the defence. The principle is well-established.
