UNIT 6

INTRODUCTION TO PLEADINGS

Pleadings are formal documents filed by parties in a civil lawsuit to outline their respective claims, defenses, and other relevant legal issues. The purpose of pleadings is to provide a clear and concise statement of the material facts in dispute, allowing both parties to understand the case they need to answer or defend against. Pleadings serve as the foundation for the trial, guiding the court on the issues to be adjudicated. In Nigeria, the rules governing pleadings in civil litigation are primarily found in the civil procedure rules of various high courts, including the federal high court rules and the high court rules of the different states. See order 15 of the federal high court civil procedure rules 2019, order 17 of the Lagos state high court civil procedure rules 2019, and order 18 of the Abuja high court civil procedure rules 2018 which provide guidance on the form, content, and timing of pleadings, as well as the consequences of failing to comply with these rules. The types of pleadings includes the following;

1. Statement of claim: The statement of claim is the primary pleading filed by the plaintiff. It outlines the facts upon which the plaintiff relies to establish their case and the reliefs they seek from the court. See order 15, rule 1 of the federal high court rules, where the plaintiff must set out their claims clearly and concisely, providing all material facts but avoiding unnecessary details and the case of Nwokedi v. Nwokedi (2001) 2 NWLR (Pt. 698) 252, where the court emphasized the importance of the statement of claim, noting that it sets the parameters within which the case will be tried.
2. Statement of defence: The statement of defence is the defendant's response to the plaintiff's statement of claim. It addresses each of the material facts alleged by the plaintiff, either admitting, denying, or claiming ignorance of them. The defendant may also raise new facts or legal defenses in the statement of defence. See the case of U.B.N. v. Edet (1993) 4 NWLR (Pt. 287) 288 where the supreme court held that the defendant must specifically respond to the allegations in the statement of claim and failure to deny any allegation may result in the court deeming it admitted.
3. Counterclaim: A counterclaim is a cross-action brought by the defendant against the plaintiff within the same proceedings. It is treated as a separate and independent claim, and the defendant must comply with the rules of pleadings as if they were a plaintiff. See the case of Oyegun v. Nzeribe (2010) 4 NWLR (Pt. 1184) 331 where the court clarified that a counterclaim must be distinct and independent from the defense, even though it is filed within the same action.
4. Reply to statement of defence: The plaintiff may file a reply to the statement of defence if the defendant raises new issues that the plaintiff has not addressed. This pleading allows the plaintiff to respond to any new facts or defenses raised by the defendant. See the case of Anyaorah v. Anyaorah (2001) 7 NWLR (Pt. 713) 575 where the court highlighted that a reply is necessary when the defendant introduces new facts that could potentially alter the outcome of the case if not addressed.
5. Further and better particulars: Further and better particulars may be requested by a party if the pleadings filed are too vague or lacking in detail. This request seeks to clarify the material facts so that the opposing party can adequately prepare their case. See the case of U.T.C. Nigeria Ltd v. Phillips (2012) 6 NWLR (Pt. 1295) 136 where the court ruled that where pleadings are unclear, the other party is entitled to request further and better particulars to avoid being taken by surprise at trial.

CONTENT REQUIREMENTS FOR PLEADINGS

Pleadings must adhere to specific content requirements as stipulated in the civil procedure rules. They include the following:

1. Material facts: Only material facts necessary to establish the case or defense should be included. Parties are not required to plead evidence but rather the essential facts that support their claims or defenses.
2. Precision and clarity: Pleadings must be clear and precise to avoid ambiguity. The facts should be stated logically and systematically, with each fact being clearly identified.
3. Avoidance of legal arguments: Legal arguments or conclusions should be avoided in pleadings. The focus should be on stating the facts that will be supported by evidence during the trial.

AMENDMENT OF PLEADINGS

Parties are generally allowed to amend their pleadings with the court's permission, especially before the close of pleadings. Amendments are permitted to correct errors, add new facts, or reflect changes in the parties' positions. See the case of Akeredolu v. Abraham (2018) 7 NWLR (Pt. 1618) 282 where the court stated that amendments should be freely allowed unless they introduce a new cause of action or prejudice the opposing party.

CONSEQUENCES OF FAILURE TO PLEAD PROPERLY

Failure to plead properly can have significant consequences which includes the following:

1. Admission of facts: If a party fails to deny or dispute an allegation made in the opposing party's pleadings, the fact may be deemed admitted. See order 15, rule 6 of the federal high court rules.
2. Striking out of pleadings: The court may strike out any pleading that fails to disclose a reasonable cause of action or defense. See order 15, rule 5 of the federal high court rules and the case of Oshodi v. Eyifunmi (2000) 7 NWLR (Pt. 665) 363, where the supreme court held that pleadings that are frivolous, vexatious, or an abuse of court process may be struck out by the court.

CONCLUSION

Pleadings are a critical aspect of civil litigation in Nigeria, providing the framework within which the court will determine the issues in dispute. Properly drafted pleadings ensure that the trial is conducted fairly and efficiently, with both parties having a clear understanding of the case they need to present or defend against. Courts in Nigeria place great emphasis on the precision, clarity, and materiality of pleadings, and failure to adhere to these standards can lead to adverse consequences.