EVIDENCE LAW — Pleadings — Abandonment of Pleaded Facts — Failure to Tender a Pleaded Document
Ratio Decidendi
Per Onnoghen, JSC, in Onwubuariri & Ors v. Igboasoyi & Ors (2011) NLC-123-212-2003(SC) at p. 8; Paras E—A:
"It is clear that the non tendering of the said proceedings at the trial means that the facts pleaded in paragraphs 3 and 4 of the 2nd Amended statement of Defence, as far as they relate to the native court case proceedings, were abandoned and the trial court could not have made any findings relating thereto as to do so would have amounted to the court speculating on evidence not before it, which act is frowned upon by law. Since the pleading in question was abandoned, it means in law, no issue was joined between the parties for consideration by the trial court."
Explanation / Scope
This principle establishes that failure to tender a pleaded document amounts to abandonment of the pleaded facts, and no issue is joined on those facts. The principle applies where pleaded documents are not tendered. It ensures that pleadings are supported by evidence. The principle reflects the effect of abandonment. It prevents courts from speculating. The court must disregard abandoned facts. The principle provides guidance on abandonment of pleaded facts.