LEGAL PRINCIPLE: EVIDENCE LAW – Pleadings – Documents Referred to in Pleadings – Effect of Reference
PRINCIPLE STATEMENT
If a document is referred to in a pleading it becomes part of the pleading so that the court can look at the averments in the pleadings in relation to that document. However, where the court is prohibited by rules of court from looking at other documents, the court cannot look at that document simply because it is pleaded in the statement of claim.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Boothia Maritime Inc. & Ors v. Fareast Mercantile Co. Ltd. (2001) NLC-901999(SC) at pp. 7–8; Paras D–A.
"If a document is referred to in a pleading it becomes part of the pleading so that the court can look at the averments in the pleadings in relation to that document. However, where the court is prohibited by rules of court from looking at other documents, the court cannot look at that document simply because it is pleaded in the statement of claim."
EXPLANATION / SCOPE
Referencing a document in pleadings generally makes it part of the pleading—the court can consider averments relating to it. However, where procedural rules prohibit looking at other documents (e.g., demurrer proceedings confined to statement of claim), mere reference does not entitle the court to examine the document. The prohibition overrides the general rule. The court cannot circumvent explicit rules by incorporation by reference. The principle balances the utility of document reference with specific procedural limitations. In demurrer, the statement of claim is the sole document. The court cannot look at extrinsic documents even if pleaded. The rule preserves the purity of demurrer as a point of law.
