CIVIL PROCEDURE — Pleadings — Effect of Amended Pleadings — Whether Original Pleadings Cease to Exist for All Purposes
Ratio Decidendi
Per Adekeye, JSC, in ASESA v. Ekwenem (2009) NLC-123-174-2002(SC) at pp. 15–16; Paras H–C:
"Although once pleadings are duly amended by the order of court, what stood before amendment is no longer material before the court and no longer defines the issue to be tried before the court, this, however, is as far as that proposition of the law goes. It does not and has not laid down any such principle that an original pleading which has been duly amended by an order of court automatically ceases to exist for all purposes and must be deemed to have been expunged or struck out of the proceedings. The clear principle of law, established is that such original pleading which has been duly amended is no longer material before the court in the sense that it no longer determines or defines the live issues to be tried before the court."
Explanation / Scope
This principle establishes that amended pleadings supersede original pleadings for defining live issues, but original pleadings do not cease to exist for all purposes. They are no longer material before the court in determining issues, but may be relevant for other purposes. The principle applies where pleadings are amended. It ensures that the court focuses on the amended pleadings. The principle reflects that amendments relate back. It prevents confusion about the governing pleadings. The court must consider the amended pleadings as defining the issues. The principle provides clarity on the effect of amendments. It ensures that parties are bound by their amended pleadings.