LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Relief Against Forfeiture — Requirement to Plead in Statement of Defence
PRINCIPLE STATEMENT
Where a defendant fails to ask in his pleading, even in the alternative, for relief against forfeiture, the plaintiff having averred and proved facts supporting forfeiture, such a defendant could not at a later stage ask for relief against forfeiture.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ogun v. Akinyelu & Ors (2004) NLC-2071999(SC) at p. 18; Paras D–E.
"It has been held in Ladega v. Akinliyi (1975) 2 SC 91 that where a defendant fails to ask in his pleading, even in the alternative, for relief against forfeiture, the plaintiff having averred and proved facts supporting forfeiture, such a defendant could not at a later stage ask for relief against forfeiture."
EXPLANATION / SCOPE
Relief against forfeiture must be pleaded in the statement of defence, even as an alternative. Failure to plead it precludes the defendant from raising it later. The principle applies to land law and customary tenancy. The rule ensures fair notice to the plaintiff. The court cannot grant unpleaded relief against forfeiture. The defendant waives the right by omission to plead.
