LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Function of Pleadings
PRINCIPLE STATEMENT
The main function of pleadings is to ascertain with as much certainty as possible the various matters that are actually in dispute and those in which there are agreement between the parties and thus to appraise the opposing party in the action of the case the pleader is making so as to avoid any surprise at the hearing and to ascertain the issue or issues in controversy between the parties. In this regard, the parties will be enabled to settle beforehand the evidence it shall adduce at the hearing.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC Oshodi v. Eyifunmi (2000) NLC-531995(SC) at p. 22; Paras. A–B.
"The main function of pleadings is to ascertain with as much certainty as possible the various matters that are actually in dispute and those in which there are agreement between the parties and thus to appraise the opposing party in the action of the case the pleader is making so as to avoid any surprise at the hearing and to ascertain the issue or issues in controversy between the parties. In this regard, the parties will be enabled to settle beforehand the evidence it shall adduce at the hearing."
EXPLANATION / SCOPE
Pleadings serve critical functions in civil litigation. They identify matters in dispute and those agreed, enabling each party to know the case they must meet. This prevents surprise at trial by ensuring parties are apprised of opposing claims and defences. Pleadings also crystallize the issues for determination, allowing parties to prepare and marshal relevant evidence beforehand. By defining the scope of the controversy, pleadings promote efficiency, focus the trial, and ensure that courts adjudicate only issues properly raised. They are the foundation upon which the entire trial process rests.