CIVIL PROCEDURE — Pleadings — Unsupported Averment — Averment Not Backed by Evidence Deemed Abandoned
Principle Statement
The trite position of the law of pleading is that where an averment has not been supported by evidence, that averment is deemed abandoned and must be struck out by the court.
Ratio Decidendi (Source)
Per Muhammad, JSC, in Kaydee Ventures Ltd. v. The Hon. Minister of Fed. Capital Territory (2010) NLC-123-264-2002(SC) at pp. 20-21; Paras E-A.
"The trite position of the law of pleading is that where an averment has not been supported by evidence, that averment is deemed abandoned and must be struck out by the court."
Explanation / Scope
This principle establishes that an averment not supported by evidence is deemed abandoned and must be struck out. The principle applies where evidence is not adduced to support pleadings. It ensures that parties prove their pleadings. The principle reflects that pleadings are not evidence. It prevents reliance on unproved averments. The court must strike out unsupported averments. The principle provides guidance on the effect of failure to support averments with evidence.
