Civil Litigation Week 9: Pleadings

Vocabulary flashcards defining key legal terms, procedures, statutory time limits, and judicial authorities concerning pleadings in civil litigation.

Pleadings

Written statements of facts filed and served by each party in civil proceedings, stating the facts relied on in order to establish their claim or defence as the case may be.

Statement of Claim

The first in a series of pleadings filed by the claimant that contains the facts relied upon for their case, accompanying the writ of summons and superseding it once filed.

Statement of Defence

A pleading filed by the defendant in answer or defence to the claimant's statement of claim.

Reply

A second pleading that may be filed by the claimant in answer to new issues raised in the defendant's statement of defence (such as a counterclaim) that were not in the original statement of claim.

Traverse

An unequivocal denial of an allegation of fact in the statement of claim.

Negative Pregnant Traverse

A denial that is partly a denial but incomplete because it does not make a total denial, which can be cured by adding expressions like "or at all".

General Traverse

A standard clause typically placed at the beginning of a statement of defence ("SAVE AND EXCEPT as hereinafter expressly admitted…") used to avoid making inadvertent admissions, which cannot be used to traverse a material allegation of fact.

Confession and Avoidance

A response where the defendant admits an allegation in the statement of claim but alleges new facts giving entirely different legal consequences or raising a defence.

Set-off

A monetary cross-claim pleaded by the defendant in his defence against an equally monetary claim by the claimant, acting as a shield to mitigate or reduce liability.

Counterclaim

An independent cross-action raised in the defendant's statement of defence against the claimant that acts as a sword and is not restricted to monetary claims.

Specifically Pleaded

The requirement to state facts and give detailed particulars of how, where, when, and under what circumstances an event happened.

Vincent Bello v. Magnus Eweka (1981) 1 SC 101

The case establishing that no party is allowed to adduce evidence on an issue not raised in the pleadings, as such evidence "goes to no issue."

Ambrosini v. Tinko (1929) 9 NLR 8

The case holding that evidence adduced which is contrary to or at variance with pleadings goes to no issue and must be expunged from the court's record if admitted.

Olarewaju v. Afribank (Nig) Plc (2001) 7 SCNJ 493

The authority holding that a fact pleaded, on which no evidence is adduced, goes to no issue.

Bakare v. ACB Ltd. [1986] 5 SC 48

The case establishing that pleadings assist the court in determining the party on whom the onus or burden of proof lies.

Udechukwu v Okwuka (1956) 1 FSC 70

The authority confirming that once a Statement of Claim is filed, it supersedes the writ of summons.

Statement of Defence Filing Time (Lagos vs Abuja)

In Lagos, it shall be filed within 42 days of service of the writ and statement of claim; in Abuja, it shall be filed within 21 days after service.

Late Filing Penalty for Pleadings

A defaulting party is liable to pay N1000 per day of default in Lagos (O. 48 r. 4) and N500 per day of default in Abuja (O. 50 r. 5).

Close of Pleadings (No Subsequent Pleading)

Pleadings are deemed closed upon the expiration of 7 days after service of defence or reply where a pleading subsequent to reply is not ordered (Or. 17 r. 18(2) Lagos; Or. 15 r. 18(1) Abuja).

Close of Pleadings (Default on Counterclaim)

Where a claimant fails to file a defence to a counterclaim, the facts therein are deemed admitted upon the expiration of 14 days after service of the counterclaim.

Amendment Timeframe (Lagos vs Abuja)

In Lagos, amendment may be made anytime before close of the Case Management Conference and not more than twice during trial before close of the case; in Abuja, not more than twice before judgment.

Endorsement of Amended Pleading

The specific required notation on an amended pleading: "Amended…day of…pursuant to Order of Hon. Justice Abojabo dated the …day of …2021."

Relation Back of Amendment

The legal rule confirmed in Mobil Oil (Nig.) Plc v IAL Inc. (2000) stating that an amendment relates back to the date of the original document amended.