LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Striking Out Suo Motu — Parties Must Be Heard Before Pleadings Are Struck Out
PRINCIPLE STATEMENT
Pleadings determine the way an action will succeed or fail. Being the threshold that determines the facts, it makes for justice and fair play for their validity to be tested at the beginning or as soon as possible. Parties must be given an opportunity to be heard before the court takes its decision on striking out.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ughutevbe v. Shonowo (2004) NLC-1601997(SC) at pp. 16–17; Paras E–A.
"It must be borne in mind that the pleadings in an action determine and control the way and manner the trial of an action will succeed or fail. Being the threshold that determines the facts of an action, it makes for justice and fair play for their validity and relevance to be tested at the beginning of an action or as soon as possible thereafter. In any event, in a matter as crucial as the determination of the rights and wrongs of an action, the parties ought to be given an opportunity of being heard before the court takes its decision."
EXPLANATION / SCOPE
Pleadings are crucial as they determine the course of trial. Their validity should be tested early, but not without hearing parties. The principle applies to civil procedure. The rule prevents summary dismissal of pleadings without affording parties a hearing. Fair hearing requires that parties be heard before adverse decisions on their pleadings. The court cannot strike out pleadings suo motu without giving parties opportunity to address the court.
