LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Duty to plead material facts and not legal results
PRINCIPLE STATEMENT
It is sufficient for the pleader to state the material facts. He need not state the legal result. If he does so for convenience, he is not bound by or limited to what he has stated. He can present any legal consequence that the facts permit.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Metal Construction (W.A.) Ltd. v. Aboderin (1998) NLC-1741994(SC) at pp. 11–12; Paras C–A.
"It is sufficient for the pleader to state the material facts. He needs not state the legal result. If, for convenience, he does so, he is not bound by, or limited to, what he has stated. He can present, in argument, any legal consequence of which the facts permit."
EXPLANATION / SCOPE
Pleading material facts is sufficient. Legal conclusions are not required. The principle applies to all pleadings. The pleader is not bound by legal labels. The rule promotes flexibility. The court will apply the correct law to the facts. The principle is fundamental.