LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Equitable Defences – Estoppel, Laches, Acquiescence – Requirement of Specific Particulars
PRINCIPLE STATEMENT
Those defences must be specifically pleaded with full particulars. It is the facts averred which determine what the real defence is and so it is necessary that the facts be adequately and carefully stated.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adeniran v. Alao & Anor (2001) NLC-901995(SC) at p. 17; Paras B–D.
"Those defences must be specifically pleaded with full particulars. It is the facts averred which determine what the real defence is and so it is necessary that the facts be adequately and carefully stated."
EXPLANATION / SCOPE
Equitable defences—estoppel, laches, acquiescence—must be specifically pleaded with full particulars. The facts averred determine the real defence. Adequate and careful statement of facts is necessary. Vague or general pleadings are insufficient. The opposing party must know the case to meet. The court must be able to discern the precise equitable defence raised. The requirement ensures fair notice and prevents surprise. Failure to plead with sufficient particularity may result in the defence being disregarded. The principle applies to all equitable defences. The party raising the defence bears the burden of pleading the facts constituting it. The court will not supply missing particulars. The defence must be clearly articulated.
