MATERIAL IN RELATION TO PLEADING OF MATERIAL FACT

• Date: 06 February 2019

(1) "Under our adversarial system of jurisprudence is entrenched the rule of natural justice of audi alteram partem (that is hear the other side) that a party against whom a complaint, relief is sought or claim made against must know in advance be it a party or a witness know the nature what he or she is going to face in Court and prepare for same instead of guessing or grouping in the dark is to set out the material facts so as to enable the other party be on his guard, and tell him all that he will have to meet when the case comes up for trial. See Phillips v. Phillips (1878) 4 Q.B.D. 127 at 139 wherein Cotton, L.J. observed as follows: "The word ‘material’ means necessary for the purpose of formulating cause of action and if any one material statement is omitted, the statement of claim is bad, Bruce v. Odhams Press Ltd. (1936) 3 All E.R. 287 at 294." The material fact must be relevant to the action or case, it is this principle that gave rise to the binding rule that both the Courts and the parties are bound by their pleadings as unpleaded facts go to no issue hence the importance and emphasis of pleading as parties will not be allowed to set up cases different from their pleadings. The parties must therefore limit themselves severely and strictly to the material facts and issues raised on their pleadings N.I.P.C. Ltd. & Anor. v. Bank of West Africa (1962) 1 A.N.L.R. (Pt. 4) 559, George & Ors. v. Dominion Flour Mills Ltd. (1963) 1 S.C.N.L.R. 117, N.I.P.C. v. The Thompson Organisation & Ors. (1969) 1 A.N.L.R. 138, (1969) 1 N.M.L.R. 99, Kayode v. Odutola (2001) 11 N.W.L.R. (Pt. 725) 659 S.C., Ferdinand George & Anr. v. U.B.A. Ltd. (1972) 8-9 S.C. 263, (1972) (Pt.2) All N.L.R. 347; Chief Mrs. Faderera Akintola & Anr. v. Dedeke Solano (1986) 2 N.W.L.R. (Pt. 24) 598; Nwopara Ogbogu & Ors. (for themselves and as representing Ezemenaha village of Eziama Obaire) v. Egbuchiri Ugwuegbu & Anr. (for themselves and as representing Ndimbara village of Eziama Obaire) (2003) 10 N.W.L.R. (Pt. 827) 189, (2003) 4 S.C. (Pt. 1) 69 C.A. at 81; Sosanya v. Onadeko (2000) 11 N.W.L.R. (Pt. 677) 34." - Per Onalaja, J.C.A., in Tate Ind. Plc. v. Devcom M.B. Ltd. Suit No. CA/L/81/99; (2004) 17 N.W.L.R. (Pt. 901) 182 at 219 - 220.

(2) "Includes every sort of material upon which words or figures can be expressed." - Section 2, Stamp Duties Law, Cap. 116, Laws of Ondo State, 1978; also...