LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Equitable Defences — Necessity of Full and Particularised Pleading
PRINCIPLE STATEMENT
All equitable defences must be pleaded fully and with due particularity.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Iso & Ors v. Eno (2003) NLC-1701999(SC) at p. 7; Paras D–E.
"The settled law is that all equitable defences must be pleaded fully and with due particularity."
EXPLANATION / SCOPE
Equitable defences require full and particularised pleading. The principle applies to civil procedure. General or vague pleading is insufficient. The rule ensures fair notice. The opposing party must know the case to meet. The principle is fundamental.