In the words of the late Lord Denning formerly master of Rolls in the forward to the twentieth edition of Bullen, Leake and Jacobs Precedents of Pleadings on when he used to draw pleadings.
“… I used to have Bullen and Leake by me.’ We have adapted some of the precedents in Bullen and Leake on Pleadings to suit the Nigerian situation and law.
We have also used pleadings in respect of cases tried in Nigerian Courts. We have tried to provide a system of draft pleadings that should assist the pleader in the preparation of his claim, defence and other applications in court.
For soft copy on your laptop and desktop you can visit www.thelawmaster.com to download the application.
For soft copy on your android device on the play store type in lawmaster mobile to download the application.
TABLE OF CONTENT
AFFIDAVIT
Affidavit to accompany offer of amends
Affidavit in support of application to issue a concurrent writ for service out of the jurisdiction and to serve it out of the jurisdiction.
Affidavits in support of application to set aside service
Affidavit of solicitor
DEBT RECORVERY
Claim for debt alleging acknowledgment within limitation period
Defence denying acknowledgment of debt
Defence denying application of the limitation act
Debt recovery, Claims, Applications, Mareva injunction, Defence e.t.c.
CLAIMS
CLAIMS IN CONTRACT
Claim for work done and services rendered wider contract with alternative claim on a quantum meruit
Claim for damages for breach of contract to do work
Claim for damages for breach of contract to do work well and with good materials.
Claim against builder for bad workmanship and materials
CLAIMS BY PARTNERS
Claim by partners suing in the firm name
Claim by partners suing in their individual capacities
Claim by individual trading as a firm
Claim against partners sued in the firm name
Claim against partners sued in their individual capacities
LAND CLAIMS
Claim for Aggravated Damages for Trespass to Land
Claim for possession and damages against trespasser
Claim for injunction and damages for continuing trespass
Claim for declaration, injunction and damages for trespass to land
MASTER AND SARVANT
Claim for arrears of salary or wages
Claim for damages for wrongful dismissal from employment for a definite period.
Claim for damages for wrongful dismissal without notice
Claim against employer for damages for negligence of servant
MONEY LENDER
Claim for money acknowledged to have been received to use of plaintiff.
Claim for money lent—short form
Claim for money lent with interest—short form
Claim for money lent—long form
MOTOR VEHICLE CLAIMS
Claim by the driver of a motor van in collision with a motor car at a road junction.
Claim by the driver of a motor car in collision with another motor car at a cross-road controlled by traffic lights.
Claim by the driver of motor car avoiding collision with motorcyclist turning across his path
Claim by a motor cyclist in collision with a motor lorry at cross-roads.
NEGLIGENCE
Claim for damages for negligence—against hairdresser in treating plaintiff’s hair.
Claim for damages for negligence—caused by falling object, relying on res ipsa loquitur.
Claim for damages for negligence—by causing fire
Claim for damages for negligence—by pulling down adjoining house
Claim for damages for negligence—by consumers of food against manufacturers, based on Donoghue v. Stevenson.
Claim for damages for negligence—by users of equipment against manufacturers, based on Donoghue v. Stevenson.
Claim for damages for negligence against repairers, based on donoghue v. Stevenson.
Claim for damages for negligence—negligent navigation causing collision between ships.
Claim for damages for negligence against accountants
Claim for damages for negligence against architect
Claim for damages for negligence against doctor
Claim for damages for negligence against a general medical practitioner, an eye specialist and a regional (area) health authority.
Claim for damages for negligence against a regional (area) health authority and a consultant anaesthetist.
NUISANCE
Claim for injunction and damages for nuisance caused by noxious manufacture near plaintiffs’ property.
Claim for injunction and damages for nuisance caused by noise and vibration.
Claim for injunction, declaration and damages for nuisance caused by water percolating onto plaintiff’s land
Claim for damages for nuisance caused by encroaching tree roots
Claim for damages for nuisance caused by fall of sign projecting over highway.
PATENTS
Claim for passing off the defendants’ goods as the plaintiffs’ goods
Claim by patentee for infringement of patent
Particulars of infringements in an action for infringement
Claim by a patentee for infringement where the patent specification has been amended.
Claim by patentee for infringement where the patent has been certified as valid.
Claim by patentee for infringement where the patent has been extended.
Claim by patentee for infringement where the patent has expired
Claim by patentee for infringement and for proving infringement against a company and its managing director
SALE OF GOODS
Claim for price of goods sold and delivered—short form
Claim for damages for non-delivery
Claim for damages for non-delivery alleging special damage on resale.
Claim for damages for non-delivery alleging special damage in defending proceedings by sub-purchaser.
Claim for damages for breach on sale by sample
Claim by purchaser for specific performance of contract of sale of freehold land.
Claim by purchaser for rescission of contract of sale and return of deposit.
Claim by purchaser for damages for delay in completion
SALE OF SHARES
Claim for price of shares sold and transferred
Claim by purchaser for specific performance of contract to sell shares.
Claim by vendor for non-acceptance of shares
SOLICITOR’S CLAIMS AND CLAIMS AGAINST SOLICITORS
Claim by solicitor for amount due on bill of costs
Claim against solicitor for damages for negligence in prosecuting action.
Claim against solicitor for negligent advice and misrepresentation as to investments.
TRADE MARKS
Claim for infringement of trade mark by registered proprietor
Claim for infringement of trade mark by registered user
DEFAMATION
UNINTENTIONAL DEFAMATION
Unintentional defamation-offer of amends
Unintentional defamation: offer of amends pursuant to defamation law.
LIBEL
Absolute privilege – statements by an advocate in a judicial proceeding
Absolute privilege – officer of state
Absolute priviledge-statement made during a quasi-judicial proceeding.
Absolute priiviledge –fair and accurate report of judicial proceedings published in a newspaper contemporaneously with such proceedings – fair comment.
Accord and satisfaction-defendants jointly liable
Apology and payment into court under section 2 of lord campbell’s libel act 1843.
Book circulated in ignorance of libel contained in it
Common form defences
Fair comment
Application by plaintiff for particulars of defence
Claim for damages for libel in foreign language
Claim for damages for libel published in radio broadcast
Claim for damages for libel published in television broadcast
Justification
Justification of a severable portion of a libel
Justification of a charge introduced by the innuendo
Libel by advertisement: Defence
Libel by falsely pretending to be the wife of another’s husband
Libel on married woman by falsely claming marriage with her husband: Defence.
Libel – Slang – Expression – False and true innuendoes
Libel on a solicitor – Foreign publication
Libel contained in a letter written by a solicitor – Subsidiary publication to employees.
Libel by photograph
Libel by advertisement
Libel by television play
Qualified privilege – Statements made in answer to inquiry as to the character of a servant.
Qualified privilege – Statements made in answer to inquiry as to business position.
Qualified privilege – Statement made in the course of an inquiry into a suspected crime.
Qualified privilege – statements made to protect another’s interst
Qualified privilege – statements made in answer to an attack on character.
Qualified privilege – letter written by solicitor – subsidiary publications.
Qualified privilege – incidental privilege of printer’s circular printed in the ordinary course of business.
Qualified privilege-fair and accurate report of judicial proceedings-fair comment.
Qualified privilege-fair and accurate report of the proceedings of a public meeting.
Qualified privilege-fair and accurate report of a police notice
Qualified privilege-fair accurate copy of public register.
Justification-Qualified privilege – Statements made to protect a common interest.
Summons before defence for particulars of allegation of publication to unnamed persons
SLANDER
Claim for damages for slander in the way of trade or business
Claim for damages for slander in the way of profession or calling
Claim for damages for slander actionable only on proof of special damage.
Consolidation of actions for slander
Malicious falsehood
Slander affecting official professional or business reputation
Slander imputing a criminal offence
Slanders on a dairyman – Special loss of specific customers – General loss of business.
Slander of title
Slander and libel – Delivery of a defamatory speech – Authorising publication of the speech in a newspaper.
Words spoken in jest-vulgar abuse-under the influence of drink
DEFENCE TO CLAIMS
ACCORD AND SATISFACTION
Defence alleging accord and satisfaction by the delivery of goods
Defence alleging accord and satisfaction by work done
Defence alleging accord and satisfaction by substituted agreement
Defence alleging accord and satisfaction by substitution of third person as debtor.
ACCOUNT STATED
Defence denying that account was stated
Defence of payment of smaller sum found due on an account stated
Defence that account stated was incorrect or made under a mistake of fact.
ACQUIESCENCE
Defence alleging acquiescence
ACT OF STRANGER
Defence alleging act of stranger
ACT OF GOD
Defence alleging vis major or act of god
AGENCY
Defence denying agency
Defence denying terms of agency
Defence alleging contract made by third person without authority
Defence denying alleged services by agent
Defence denying introduction of purchaser
Defence denying request to account
Defence alleging contract made by defendant solely as agent for disclosed principal.
Defence alleging election by third person charging agent or principal
Defence denying warranty of authority
Defence denying breach of warranty of authority
Defence denying receiving secret commission
BILL OF EXCHANGE
Defence alleging payment by bill of exchange not yet payable
C.I.F. CONTRACT
Defence alleging insufficiency of documents under c.i.f. contract
CONTRACT OF SALE
Defence denying making of contract of sale
COMMERCIAL LAW
Defence denying disturbance of market
CRIMINAL CONVICTION
Defence denying relevance of criminal conviction
DEBT RECOVERY
Defence denying acknowledgment of debt
Defence denying application of the limitation act
DEFAMATION
Defence alleging fair and accurate newspaper
report of public meeting.
Defence alleging leave and licence
Defence alleging innocent dissemination
Defence alleging innocent publication and offer of amends under [relevant law] and notice of offer of amends.
Defence alleging apology and payment into court under section 2 of the libel act 1843.
Defence alleging apology in mitigation of damages under libel act 1843.
Defence alleging matters in mitigation of damages
Defence denying publication and reference to plaintiff
Defence denying disparagement of plaintiff
Defence alleging vulgar abuse
Defence alleging action not maintainable in absence of special damage.
LIMITATION OF ACTION
Defence alleging limitation to bar action for simple contract debt
Defence alleging limitation to bar action for specialty debt
Defence alleging limitation to bar action founded on contract or tort
Defence alleging limitation to bar action for damages for personal injuries.
Defence alleging limitation to bar action for damages under fatal accidents acts.
Defence alleging limitation to bar action for damages under carriage by air act …..and to extinguish right to damages.
Defence alleging limitation to bar action for conversion or detention and to extinguish title to chattel.
Defence alleging limitation to bar action for recovery of land and to extinguish title to land.
Defence alleging limitation to bar action for an account
Defence alleging limitation to bar action by moneylender
Defence alleging limitation to bar action to recover money under a mortgage deed.
MASTER AND SERVANT
Defence denying alleged terms of employment
Defence denying dismissal of servant
Defence alleging determination of employment by due notice
Defence justifying dismissal on the ground of misconduct
Defence justifying dismissal on the ground of incompetency
Defence by servant alleging covenants in restraint of trade to be illegal and void.
Defence by employer alleging wrongful act of servant to be outside scope of employment.
Defence by master denying validity of apprenticeship agreement
Defence by master to claim by apprentice or father for neglecting to teach.
Defence by master to claim by apprentice for wrongful dismissal
Defence by father to claim by master
MONEY HAD AND RECEIVED
Defence denying receipt of money
Defence denying receipt of money to the use of the plaintiff
Defence alleging receipt of money in the course of a joint venture which failed.
MONEY LENT
Defence denying the loan
Defence alleging that sum lent was less than amount claimed
Defence alleging money paid as gift
Defence alleging repayment of loan
Defence alleging action for repayment is premature
Defence denying payment
Defence denying request to pay
NELIGENCE
Defence admitting negligence
Defence alleging general denial of negligence
Defence alleging contributory negligence
Defence denying negligence and alleging contributory negligence
Defence alleging absence of negligence by defendant
Defence alleging inevitable accident
Defence relying on volenti non fit injuria
Defence alleging fire began accidentally and relying on the fires prevention (metropolis) act 1774[relevant law].
Defence denying representations made to the plaintiff
Defence denying intention or knowledge that the plaintiff would rely or act on representations.
Defence denying that the plaintiff relied or acted on representations
Defence denying alleged duty of care
Defence denying negligence or breach of duty
Defence alleging disclaimer of responsibility
Defence denying the alleged damage
Defence denying negligence
Defence alleging contributory negligence by pedestrian
Defence alleging contributory negligence against plaintiff motorist or motor cyclist.
Defence and counterclaim for damages for negligence against plaintiff defence.
Defence by one defendant alleging negligence by co defendant
Defence alleging contributory negligence by plaintiff
Defence alleging due warning of danger given to plaintiff
Defence alleging negligence by a named third person
Defence alleging negligence by an unknown third person
Defence denying negligence and alleging latent defect
NUISANCE
Defence denying nuisance
Defence justifying trespass to abate nuisance
OCCUPIERS’ LIABILITY
Defence denying occupation or control of premises
Defence denying breach of duty under occupiers’ liability act
PASSING OFF
Defence denying passing off
Defence denying deception or confusion
PATENTS
Defence admitting validity but denying infringement
Defence alleging invalidity and counterclaiming revocation defence
RULE IN RYLANDS v. FLETCHER
Defence alleging act of stranger
SALE OF GOODS
Defence denying delivery of goods
Defence denying seller ready and willing to deliver goods according to contract.
Defence denying reasonableness of price claimed
Defence denying authority of agent to make contract
Defence alleging goods sold on credit not yet expired
Defence alleging return of goods sold on sale or return
Defence denying acceptance of goods
Defence denying liability for price of goods bargained and sold
Defence justifying rejection of goods for failure to deliver
within stipulated time.
Defence justifying rejection of goods for failure to deliver within reasonable time.
Defence denying non-delivery
Defence alleging buyer not ready and willing to accept or pay for goods.
Defence denying express warranty
Defence denying breach of condition as to description
Defence denying breach of condition as to fitness for particular purpose.
Defence denying breach of condition as to merchantable quality.
Defence denying breach of condition as to sample
Defence alleging liability for breaches of contract excluded by exemption clause in international sale.
Defence alleging acceptance by buyer precluding right of rejection
Defence denying claim for specific performance of contract of sale
SALE OF LAND
Defence denying making of contract
Defence alleging agreement subject to contract
Defence relying on section 40 (1) of the law of property act 1925 – cheek applicable statute.
Defence alleging vendor was not ready and willing to convey
Defence alleging vendor had no title to property
TRADE MARK
Defence denying infringement of trade mark
Defence denying infringement of trade mark in part b of register
Defence denying validity of trade mark and counterclaim for rectification.
Defence alleging bona fide use of the defendant’s name
SEIZURE OF GOODS
Defence by execution creditor, sheriff and bailiff justifying entry on land and seizure of goods.
Defence admitting liability but denying damage
STATUTORY EXEMPTION
Defence alleging statutory exemption from liability
INJUNCTION
INTERLOCUTORY INJUNCTION
Forms of application for an interlocutory injunction
Affidavit in support of application for an interlocutory injunction
Affidavit in opposition to application for an interlocutory injunction
Mareva Injunction
PRACTICE OF PLEADINGS
Accidental but curable defects in pleadings.
Action in negligence.
Actions against companies for the acts of their servants.
Admission in pleadings
Advantage of pleadings.
Aim and bindingness of pleadings and rationale therefore
Aim of pleadings
Aim of – need for parties to plead relevant facts.
Amendment of pleadings
Amendment – effective date of amendment
Amendment of claim in detinue when granted.
Amendment of pleadings – attitude of courts to accidental curable defects.
Amendment of pleadings connotes and when same may be refused.
Amendment of statement of defence by counter-claim.
Assignment of Debt
Attitude of courts to application for amendments in proceedings
Attitude of court to insufficient particulars in pleadings
Averments therein unsupported by evidence – effect – what constitutes proper traverse.
Basic principle of pleadings
Binding effect of pleadings.
Binding nature of pleadings on parties and court.
Bindingness.
Bindingness of court and parties by pleadings and irrelevance of evidence led at variance with.
Bindingness of court and parties by pleadings and irrelevance of evidence led at variance with.
Bindingness of issues in pleadings on court and parties
Bindingness of parties by pleadings and irrelevance of evidence led contrary to.
Bindingness of parties by their pleadings.
Bindingness of parties’ pleading on the court
Bindingness of pleadings
Bindingness of pleadings and evidence on parties and court.
Bindingness of pleadings and treatment of evidence at variance with pleadings.
Bindingness of pleadings and treatment of evidence led contrary to pleadings.
Bindingness of pleadings on court and parties to a suit.
Bindingness of pleadings on parties.
Bindingness of pleadings on parties and court effect of evidence led outside the pleadings.
Bindingness of pleadings on parties to a case and need to give evidence in line thereto.
Bindingness of pleadings on party – effect of facts that are not pleaded
Bindingness of -duty on appellate court to expunge admitted evidence at variance with pleadings.
Bindingness of- effect of evidence at variance with pleadings – duty on appellate court to set aside any finding/holding resulting from reliance on evidence on facts not pleaded.
Bindingness of – effect of evidence at variance with pleadings – duty on appellate court to set aside any finding/holding resulting from reliance on evidence on facts not pleaded.
Bindingness of – effect of evidence led outside the pleadings
Bindingness of/on the parties and court.
Claim for interest, what plaintiff must plead and prove
Contents of pleadings
Cross examination on matters not pleaded.
Definition of pleadings, purpose of bindingness of on parties and irrelevance of evidence led contrary to.
Denial or reply to averment in statement of claim – how pleaded.
Documents pleaded in statement of claim – rule that it becomes part of the pleadings and the court is entitled to look at them without the need of any affidavit exhibiting them – whether applicable where the court is prohibited by the rules of court from looking at any document save the statement of claim – Order 27 of the Federal High Court (Civil Procedure) Rules, 1976 – considered.
Duty of court in respect of evidence on issues not pleaded.
Duty on court not to decide issue not raised by parties in their pleadings
Duty on court not to make out a case outside the pleadings and evidence of the parties.
Duty on court to confine itself to evidence borne out of pleadings
Duty of court where party’s pleadings and evidence are relevant to his claim.
Duty on court where pleadings have been settled and issues Joined
Duty on defence relying on specific statutory provision to plead same specifically.
Duty on party alleging that a custom is repugnant to natural justice, equity and good conscience to plead and prove same by evidence.
Duty on party pleading grant as his root of title
Duty on trial court.
Effect and treatment of admission in pleadings
Effect of a party failing to testify in support of pleaded facts.
Effect of agreement referred to in pleadings.
Effect of defects in pleadings.
Effect of documents referred to in a pleading.
Effect of evidence contrary to pleadings.
Effect of evidence on facts not pleaded.
Effect of evidence on facts not pleaded in a case
Effect of facts not pleaded.
Effect of facts not pleaded – duty on court
Effect of general traverse in a statement of defence
Effect of non-denial of allegations of fact.
Effect of not pleading fact relating to evidence adduced at trial.
Effect of pleadings.
Effect of refusal of application for amendment of pleadings.
Effect of unpleaded facts.
Elementary law of pleadings
Equitable defences
Essence of pleadings
Essence of pleadings in proceedings.
Evidence at variance with pleadings goes to no issue.
Evidence at variance with pleadings.
Evasive denial – effect – whether pleading generally that “the defendant will put the plaintiff to the strictest proof” – amounts to a clear denial or non-admission.
Evidence led outside pleadings
Evidence on facts not pleaded
Extension of time to file pleadings
Facts, which must be specifically pleaded
Failure to give evidence in support of pleadings.
Failure to give evidence in support of pleadings notwithstanding his general traverse.
Fraud
Function of pleadings.
Function of pleadings in determining plaintiff’s case.
Fundamental nature of pleadings in the litigation process
Further particulars.
Further pleadings.
Fraud must be pleaded.
General traverse.
Guiding principles in consideration of application for amendment.
How allegation of fraud is pleaded.
How court treats unpleaded facts.
How “express malice” is pleaded.
How illegality is pleaded.
How onus of proof in civil cases discharged and whether all documents pleaded must be tendered in evidence.
How pleadings framed.
How purchaser for value without notice is pleaded.
How to apply for severance of pleadings.
How to establish right to a relief and whether parties court are bound by pleadings filed in a matter.
How to plead and prove claim for special damages.
How to plead agreements.
How to plead equitable defences
How to plead delegation of authority.
How to raise issue of fraud
How traverse in pleadings can amount to denial.
Illegality of contract.
Implication of a pleadings that the defendant is not in a position to admit or deny a specific allegation of fact
Importance and bindingness of pleadings.
Importance of facts in pleadings.
Impossibility of counsel’s address constituting evidence and irrelevance of submission made on facts not pleaded.
Impropriety of court making a case for parties outside pleadings and evidence.
Impropriety of inconsistencies in party’s pleadings
Impropriety of party pleading evidence.
Inconsistent defences.
Irrelevance of evidence led on facts not pleaded and resultant effect of failure to call evidence in support of facts pleaded.
Irrelevance of facts in pleading on which evidence is not led.
Issues arising from the pleadings
Legal consequences of not supporting pleadings with evidence
Libel – how privilege is pleaded.
Libel – “qualified privilege” – reply.
Long possession and acquiescence.
Mandatoriness of pleadings being specific and need to specifically plead documents to be relied on.
Mandatory contents of pleadings
Meaning and purpose of pleadings.
“mere denial” in statement of defence – effect in cases of negligence
Misrepresentation
Nature of skill required for formulating pleadings and need for litigant not to be punished for inadvertence of counsel.
Need for a traverse to be concise and specific and effect of general traverse.
Need for allegation of fraud to be specifically pleaded and standard of proof thereof
Need for document sought to be relied upon to be specifically bpleaded – consequence of not pleading same – when a document will qualify as a purchase receipt – consequence of evidence led outside pleadings – bindingness and purpose of pleadings.
Need for evidence to be in tandem with party’s pleading.
Need for evidence to support pleadings
Need for oral evidence to be in line with facts pleaded
Need for party relying on special statutory provision to specifically plead same.
Need for party to call evidence to support his pleadings and whether evidence adduced contrary to pleadings becomes inadmissible.
Need for pleadings at the high court.
Need for pleading to include facts that are exact and precise
Need to accurately plead facts in pleadings
Need to lead evidence in support of averments in pleadings.
Need to lead evidence in support of pleadings.
Need to plead and prove fact of foreign law.
Need to plead facts relevant to the proof of an issue and treatment of evidence led on unpleaded fact
Need to specifically plead fraud and the particulars thereof
Need to specifically traverse essential allegations in a statement of claim
Need to support pleadings with evidence
Needlessness of party pleading evidence.
Nexus between facts pleaded and evidence adduced
Object of failure to lead evidence in support of – effect
Object of pleadings.
Object of pleading and treatment of untraversed averment in statement of claim
Objective of an amendment and when it may be refused
Onus on party alleging fraud or forgery.
Onus on party pleading documentary evidence to tender same and exclusion of oral evidence in proof of
Parties are bound by their pleadings – no party is allowed to present a case contrary to his pleadings.
Pleading foreign laws.
Pleading fraud.
Pleading frustration of contract
Pleadings as basis of trial of civil case in high court and duty of defendant to raise facts of defence special to him therein
Position of the law on whether a party is required to plead evidence
Principle of implied averment.
Principles governing pleadings.
Principle of law that evidence not pleaded goes to no issue at trial and whether judgment would be given in favour of a party whose facts were not pleaded.
Principles of pleadings.
Propriety of grant of application for amendment at any stage where not intended to overreach the court.
Propriety of raising and arguing a fresh issue outside pleadings in the supreme court without first obtaining leave to do so
Purpose of pleadings.
Purpose of pleadings and motion on notice
Purport of pleadings, bindingness of on parties and irrelevance of facts not pleaded.
Purport of pleadings, irrelevance of pleadings not supported by evidence and mandatoriness of establishing allegations therein by evidence
Purpose of – duty on claimant not to spring surprises on the defendant
Rationale behind furnishing particulars to a pleading
Reference to a written agreement:
Reference to an unpleaded document in a pleaded document.
Relevance of attitude of applicant for amendment of pleadings in consideration of grant by court
Reply
Requirements of the plaintiff to plead and prove his claims for declaratory reliefs on the evidence called by him without relying on the evidenc called by the defendant.
Res judicata
Res judicata -reliance on previous judgment other than as estoppel.
Res ipsa loquitur – how pleaded.
Rule of pleading
Special defences- fraud-
Special defences – illegality
Standing principle law that requires pleadings not to be evasive rather it must be cogent and pungent, and object of pleadings.
Statement of claim and writ of summons
Statement of claim filled out of time
Statement of claim incorporating the writ of summons by reference – propriety of – Order 13 Rule 7 of the Bendel State High Court Rules, 1976 – considered.
Statement of claim supersedes writ of summons.
Statement of claim – claim therein – supersession of – over claims in writ of summons.
Striking out of paragraphs in pleadings.
Striking out of pleadings.
Supercession of amended pleading by a further amended pleading
Superiority of statement of claim over writ of summons and resultant effect of non-inclusion of reliefs claimed in writ of summons in statement of claim.
Supercession of writ of summons by the statement of claim.
Traverse
Treatment of evidence at variance with pleadings.
Treatment of evidence led on facts not pleaded
Treatment of fact pleaded on which no evidence is led
Treatment of pleadings not supported by evidence
Types of pleaded fact that need be proved
Unpleaded documents.
Unpleaded evidence – whether goes to no issue – how treated by the court.
What an issue is
What ‘general traverse’ connotes.
What must be specifically pleaded
What pleadings are, purpose of bindingness of parties by and needlessness of parties pleading evidence
What pleadings should contain
When an issue of fact arises between parties and need for proper traverse of.
When issues are said to be joined
When issue of fact arises, and need for proper traverse of and how made
When issues are said to be joined and the implication thereof
Where defendant by his pleadings admits the description, location, features and dimension of the land, whether proof of same is required
Where party’s pleadings are relevant to his claim and produces every evidence in support, whether court is bound to consider and decide his claim on the evidence.
Where trial is conducted by pleadings, whether judgment must be based on issues joined between the parties.
Whether a defendant’s application for amendment should be refused where the application was made after the cross-examination of the second witness to the plaintiff.
Whether a denial of a particular paragraph in the statement of claim by means of general traverse has the same effect as specific traverse.
Whether a party can be allowed to amend its pleadings even after the other party have closed its case
Whether a party can plead a court process which does not
exist or plead facts which are not known to him at the time of settling the pleadings.
Whether a party wishing to rely on a statute of limitation or the administration of estate law, laws of oyo state must specifically plead same.
Whether an application to amend a statement of defence should always be dismissed when the grant of amendment could allow the defendant to withdraw or abandon the admissions earlier made, thereby prejudicing the plaintiffs.
Whether an insufficient traverse in a statement of defence can amount to an admission
Whether averment in pleadings constitutes evidence
Whether capacity of parties may not be amended.
Whether claim for injunction may be added by amendment.
Whether court can go outside the pleadings and issues joined
Whether evidence can be led on fact not pleaded
Whether evidence not in support of pleading should be disregarded by court.
Whether evidence not pleaded goes to no issue and consequence of
Whether evidence to prove fact to be pleaded.
Whether facts or evidence are to be pleaded
Whether need for trial judge to keep strictly to pleadings.
Whether non-compliance with the rules of pleadings could render a trial not free and fair.
Whether parties and court are bound by pleadings before the court
Whether parties are bound by their pleadings.
Whether parties can amend their pleadings at any stage of the proceedings and exception thereto.
Whether parties can give evidence on what is not pleaded
Whether partiess can plead evidence
Whether person who makes an allegation in his pleading must adduce evidence to prove such allegation rather than rely on evidence from his opponent.
Whether pleaded document must be produced.
Whether pleadings can constitute evidence.
Whether pleadings can take place of evidence
Whether pleadings constitute evidence?
Whether precludes defendant from raising issues of – on appeal – Order 25 Rule 6(1) Oyo State High Court (Civil Procedures) Rules 1988?
Whether previous pleading later amended ceases to exist for all purposes in proceedings?
Whether relief’s claimed in suit constitute part of’ facts in pleadings
Whether statement of fact
Whether survey plan is part of pleadings.
Whether survey plan is part of pleadings of party claiming declaration of title to land?
Whether the federal high court has the power to order pleading in action improperly commenced via originating summons, Federal High Court Rules, Order 3, Rule 8 considered.
Whether the court of appeal was right in upholding and affirming the ruling of the trial court dismissing the defendants/appellants’ application to amend their statement of defence.
Whether there is need for parties relying on issue of limitation of liability to lead evidence in support of same in their pleadings?
Which evidence was not led – effect.