LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Sufficiency of Pleadings — Material Facts Pleaded Sufficient Even Without Naming Specific Equitable Doctrines
PRINCIPLE STATEMENT
All the facts of the purchase were clearly averred in the statement of defence for the court to see. The trial court made good use of the facts pleaded. The Court of Appeal erred in setting aside the findings based on technical insufficiency.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Abudu v. Eguakun (2003) NLC-771996(SC) at p. 4; Paras C–D.
"All the facts of the purchase were clearly averred in the statement of defence for the court to see. The trial court made good use of the facts pleaded. Court of Appeal certainly erred in its conclusion to set aside the clear and correct findings of fact by trial court."
EXPLANATION / SCOPE
Pleadings are sufficient if material facts are pleaded, even without naming legal doctrines. The principle applies to civil procedure. The court will not strike out defences for technical insufficiency. The rule promotes substance over form. The opposing party must have notice of the case. The principle is well-established.