LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Reply — When Necessary
PRINCIPLE STATEMENT
A reply is only necessary if an averment in the statement of defence has not been taken care of by the statement of claim. If issues are already joined, a reply is unnecessary duplication.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Obioha v. Nigerian Postal Services Ltd & Ors (2003) NLC-871999(SC) at pp. 24–25; Paras D–A.
"A reply to an averment in a statement of defence is only necessary, if such averment has not been taken care of by the averments of facts in the statement of claim. In other words, if the statement of claim has averred to contrary facts in the statement of defence, to the extent that the parties have joined issues, a reply need not deal with such averments in the statement of defence. That is unnecessary duplication of court process and parties are not encouraged to duplicate a court process."
EXPLANATION / SCOPE
A reply is required only for new issues not covered in the statement of claim. The principle applies to civil procedure. Duplication is discouraged. The rule promotes efficiency. The court will not require unnecessary pleadings. The principle is well-established.