CIVIL PROCEDURE — Pleadings — Failure to Call Evidence — Consequence of Party Failing to Adduce Evidence in Support of Pleadings
Ratio Decidendi
Per Musdapher, JSC, in Owners of M/V Gongola Hope & Anor v. Smurfit Cases Nigeria Ltd & Anor (2007) NLC-123-121-2002(SC) at p. 8; Paras A–B:
"It is good law, that pleadings as stated by Tobi JSC in Ojoh v. Kamalu supra:- '... not being human beings, have no mouth to speak in Court. And so they speak through witnesses. If witnesses do not narrate them in court they remain moribund, if not dead at all times and for all times, to the procedural disadvantage of the owner, in this context the appellant'."
Explanation / Scope
This principle establishes that pleadings alone are not evidence; they must be proved through witnesses. A party who fails to call evidence in support of their pleadings suffers the consequence—the pleadings become “moribund.” The court cannot rely on unproved pleadings. The principle ensures that parties must substantiate their claims with admissible evidence. It prevents parties from making allegations without proof. The party must call witnesses or produce documents to prove the facts pleaded. Failure to do so is fatal to the claim or defence. The principle applies in all civil proceedings.