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Subject Matter Index

Browse cases by legal subject matter and principles

Amendment of pleadings

93 subsidiary principles

Attributes of a good pleading

1 case

Confession and Avoidance

1 subsidiary principles

Distinction between pleading res judicata and pleading estoppel

1 case

Duty of a party to lead evidence on his pleadings

3 cases

Duty of a pleader

1 case

Effect of a defendant not adducing evidence in support of his pleadings

7 cases

Effect of a defendant offering no evidence in support of his pleadings

2 cases

Effect of a defendant pleading that he can neither admit nor deny a particular averment

2 cases

Effect of a denial of a fact in a particular paragraph leaving another fact undenied

1 case

Effect of admission of a fact in dispute

5 cases

Effect of an admission in pleadings

5 cases

Effect of an averment not denied expressly or by necessary implication

1 case

Effect of a party abandoning his pleadings

1 case

Effect of a party departing from his pleadings

4 cases

Effect of a party's averment which is not denied

12 cases

Effect of a party's evidence contradicting his pleadings

1 case

Effect of arguments advanced in departure from the pleadings

1 case

Effect of attaching exhibits to pleadings

1 case

Effect of averments without evidence in proof

35 cases

Effect of evidence led in respect of a fact not pleaded

15 cases

Effect of evidence of a custom not pleaded

1 case

Effect of evidence outside pleadings

18 cases

Effect of evidence which is at variance with pleadings

24 cases

Effect of facts in a pleading admitted by the other party

1 case

Effect of facts not pleaded

1 case

Effect of failure of a defendant to meet the facts pleaded by the plaintiff directly

1 case

Effect of failure of a defendant to specifically deny an allegation in the statement of claim

1 case

Effect of failure of a party to give evidence in support of his pleadings or in challenge of the evidence of the other party

2 cases

Effect of failure of the defendant to file pleadings

1 case

Effect of failure of the trial judge to take evidence from the parties and to determine the case on the merits after pleadings have been exchanged

1 case

Effect of failure to challenge a facts deposed to in a statement of claim

1 case

Effect of failure to clearly plead the question of limitation

1 case

Effect of failure to controvert facts pleaded

2 cases

Effect of failure to file a statement of defence/reply to counter-claim

1 case

Effect of failure to file pleadings

1 case

Effect of failure to lead evidence in respect of facts pleaded

4 cases

Effect of failure to lead evidence on pleadings

4 cases

Effect of failure to plead a foreign law

1 case

Effect of failure to plead "internal mechanisms"

1 case

Effect of failure to plead limitation of liability

1 case

Effect of failure to plead material facts

3 cases

Effect of failure to plead that a party is a moneylender

2 cases

Effect of failure to plead the defence of limitation

1 case

Effect of failure to plead the facts relevant to the proof of an issue

1 case

Effect of failure to submit issues raised in pleadings for trial

1 case

Effect of illegality on pleadings

1 case

Effect of leading evidence which contradicts or fails to clarify facts pleaded in the statement of claim

2 cases

Effect of pleadings not supported by a written deposition on oath

1 case

Effect of pleadings not supported by credible evidence

1 case

Effect of pleadings not supported by evidence

21 cases

Effect of prevarication in pleadings

1 case

Effect of the defendant's failure to raise objections to factual and documentary pieces of evidence that were not pleaded

2 cases

Effect of uncontroverted averments in pleadings

2 cases

Effect of variation between pleadings and the evidence led at trial

1 case

Effect of variation in pleadings

1 case

Form of pleadings

3 cases

Further and Better Particulars

7 subsidiary principles

How a plaintiff may plead a previous judgment

3 cases

How facts should be pleaded

1 case

How frustration of contract can be pleaded

1 case

How pleadings should be read

1 case

How the defence of statute of limitation should be pleaded

2 cases

How to determine whether a fact has been admitted on the pleadings

1 case

How to determine whether an averment in pleading is denied by the other party

1 case

How to determine whether there is an admission in a party's pleadings

1 case

How to plead traditional history as root of title

1 case

Matters that must be specifically pleaded

8 cases

Meaning and essence of pleadings

6 cases

Meaning and nature of pleadings

1 case

Meaning of a frivolous and vexatious pleading

1 case

Meaning of a scandalous pleading

1 case

Meaning of pleadings

6 cases

Nature of facts that should be pleaded

1 case

Need for a party alleging illegality of a contract that is not ex-facie illegal, to plead same

1 case

Need for a party relying on a special defence to specifically plead it

2 cases

Need for a party to lead sufficient evidence in prove of the pleadings

1 case

Need for a party who intends to rely on a statute to plead the particular sections

1 case

Need for a party who pleads illegality to provide particulars of same

2 cases

Need for a party who relies on the provisions of a statute as a defence to plead facts relied upon for bringing a particular transaction within the ambit of that statute

1 case

Need for a party who seeks to rely on laches, acquiescence or limitation to plead them

3 cases

Need for evidence to be based on pleadings

5 cases

Need for parties to strictly adhere to their pleadings

2 cases

Need for pleadings to be sufficient, comprehensive and accurate

1 case

Need for statement of claim and evidence to speak the same language in a land matter

1 case

Need for the Court to consider the entire pleadings of the parties in determining the case before it

4 cases

Need for the court to restrict itself to the issues raised by the parties in the pleadings

1 case

Need for the pleas of limitation and estoppel per rem judicatam to be determined first

1 case

Need to plead the facts upon which the defence of qualified privilege is based

1 case

Need to prove averments contained in a pleading by evidence unless admitted

1 case

On when an issue will arise for trial in a case tried on the pleadings

1 case

Position of the law where a fact in the statement of claim is admitted in the statement of defence

2 cases

Position of the laww here a party has pleaded more than he strictly needs to have done

1 case

Position of the law where a pleader alleges more than is necessary

1 case

Position of the law where facts in the amended statement of claim are admitted in the amended statement of defence

1 case

Presumption of admission/express admission

1 subsidiary principles

Principal rule of Pleadings

5 cases

Principles governing evidence in respect of pleadings

3 cases

Principles governing pleadings

21 cases

Principles governing pleadings in an action commenced by originating summons

1 case

Proper order to be made where evidence adduced is at variance with pleadings

2 cases

Purport of a denial

1 case

Purpose of pleadings

30 cases

Rationale behind the requirement that a legal defence to an action for possession of immoveable property must be pleaded

1 case

Reply

29 subsidiary principles

Statement of claim

24 subsidiary principles

Statement of defence

22 subsidiary principles

Status of pleading that fails to adequately define the material facts or issues in controversy

2 cases

Striking out of pleadings

36 subsidiary principles

The aim of pleading

12 cases

The basis of the rule that parties plead the case they intend to rely on

1 case

The duty of a party to plead relevant facts

1 case

The effect of pleading estoppel

1 case

The effect of pleadings on parties

7 cases

The function of pleadings

25 cases

The importance of pleadings

5 cases

The main function of particulars and duty of a party to apply for particulars where the other party omits or neglects to provide it

1 case

The main purpose of filing pleadings

1 case

The need for pleadings to contain particulars where same is necessary

1 case

The need for the judgment of a court to be based on pleadings before it

3 cases

The objective of pleading

6 cases

The object of pleadings

8 cases

The position of the law on defences such as limitation, estoppels, undue influence and duress

1 case

The position of the law when, as a result of pleadings, a material fact is affirmed by one of the parties but denied by the other

1 case

The position of the law when issues are joined on the pleadings

2 cases

The position of the law where a party makes an averment and same is not denied by the adversary

1 case

The position of the law where there is a departure from pleadings at a trial by one party whereas the other's evidence accorded with his pleadings

9 cases

The principle that a judge is limited to the pleadings only

1 case

The principle that allegations in a pleading not denied is deemed admitted

5 cases

The principle that any fact admitted by a defendant in his pleadings is deemed established

1 case

The principle that a party is required to prove facts and not evidence

1 case

The principle that a party relying on a condition precedent must plead same

2 cases

The principle that a traverse should not be evasive

1 case

The principle that averments do not constitute evidence

7 cases

The principle that averments in the pleadings of a party not expressly controverted in the pleadings of another are deemed admitted

2 cases

The principle that cases are fought on pleadings

1 case

The principle that courts are bound by pleadings of the parties

8 cases

The principle that customary Law arbitration must be specifically pleaded

1 case

The principle that equitable defences must be specifically pleaded

2 cases

The principle that essential allegations not specifically traversed or denied are deemed admitted by the adverse party

6 cases

The principle that evidence based on a fact not pleaded goes to no issue

51 cases

The principle that evidence not in support of a pleaded fact goes to no issue

2 cases

The principle that evidence not pleaded goes to no issue

2 cases

The principle that facts in a pleading are deemed admitted

2 cases

The principle that facts not pleaded go to no issue

8 cases

The principle that facts should be pleaded and not the evidence by which such facts are to be proved

2 cases

The principle that if an agreement in writing is referred to in the pleadings, it becomes part of the pleadings

1 case

The principle that in a civil case, a party stands or falls by his pleadings

1 case

The principle that issues are joined in the pleadings and not in evidence

2 cases

The principle that it is not necessary to plead subordinate facts once the essential facts are pleaded

4 cases

The principle that only material facts should be pleaded

3 cases

The principle that pleadings do not constitute evidence

7 cases

The principle that pleadings must be considered as a whole

2 cases

The principle that pleadings must be supported by evidence

9 cases

The principle that what is not denied is deemed admitted and what is admitted needs no further proof

5 cases

the principle that where a party has suffered quantifiable loss as a result of a breach of a right he is required to specifically plead it

1 case

The principle that where a party’s evidence is inconsistent with his pleaded case while that of his opponent is consistent with his pleadings, the opponent’s case is preferable to the one who departs from his pleading

4 cases

The proper order of pleadings and the effect of non-compliance

1 case

The purport of the rule that parties and the court are bound by the pleadings

5 cases

The purport of the rule that parties are bound by their pleadings

3 cases

The purpose and importance of pleadings

36 cases

The purpose of pleading material particulars

2 cases

The rationale behind the principle that facts not pleaded go to no issue

1 case

The rationale behind the principle that parties and courts are bound by pleadings

3 cases

The rationale behind the rule that parties are bound by their pleadings

1 case

The reason for the requirement of pleading limitation

1 case

The reasons for requiring that estoppel should be pleaded

1 case

The relationship between facts and pleadings

1 case

The relationship between pleadings and evidence

2 cases

The requirement of the law for pleadings in a defamation action

3 cases

The rule against departure

2 subsidiary principles

The rule of pleadings in motor accident cases

1 case

The rule of pleading where it is intended to allege express malice in answer to the plea of fair comment or qualified privilege

1 case

The rule that a court cannot make a different case for the parties other than as contained in their pleadings

2 cases

The rule that a party cannot set up a case inconsistent with his pleadings

7 cases

The rule that a party is bound by admissions contained in his own pleadings

1 case

The rule that a party must be consistent with her pleadings

1 case

The rule that a party relying on a special statutory provision for his defence or case must plead that defence specifically

1 case

The rule that a party who alleges forgery must plead the document and provide the particulars he relies on

1 case

The rule that a party who predicates his case on some particular facts must plead those particular facts

1 case

The rule that a plaintiff must be held to the case put forward in his pleadings

1 case

The rule that a plaintiff's averment of facts must be met frontally and categorically

1 case

The rule that a pleading must constitute a brief but comprehensive summary of the facts relied on by the pleader

1 case

The rule that cases decided on pleadings are decided on the issues joined in the pleadings

1 case

The rule that essential allegations must be traversed

4 cases

The rule that every matter which will take the other party by surprise should be pleaded

1 case

The rule that evidence must be directed and confined to the proof or disproof of the issues as settled by the pleadings

2 cases

The rule that facts averred by the plaintiff must be categorically denied or accepted by the defendant.

1 case

The rule that facts pleaded and on which no evidence is led goes to no issue and is deemed abandoned

1 case

The rule that if a defendant refuses to admit a particular allegation in the Statement of Claim or plan, he must state so specifically

1 case

The rule that in an action based on pleadings, issues are joined by the parties in their pleadings

1 case

The rule that issues for trial are raised in the pleadings

1 case

The rule that parties are bound by their pleadings

114 cases

The rule that parties are bound to plead all facts they intend to rely upon at the trial

1 case

The rule that parties plead facts and not evidence

1 case

The rule that pleadings must contain only facts

1 case

The rule that pleadings should be sufficient, comprehensive and accurate

1 case

The rule that that a court of law is not entitled to raise an issue ex proprio motu outside the confines of the pleadings

2 cases

The rule that the defendant must deny specifically each allegation of fact in the plaintiff's statement of claim, otherwise it will be deemed established

1 case

The rule that the defendant's pleading shall deny all such material averments in the Statement of Claim as the Defendant intends to deny at the hearing

1 case

The rule that what is admitted on the pleadings needs no further proof

18 cases

The rule that where a case is brought before the court by pleadings and issues are joined on the pleadings, the issues must be tried and settled on the pleadings

1 case

The rule that where an averment is made that is not challenged, the one making the averment need not lead evidence in proof of it

3 cases

The rule that where issues are joined in the party's pleadings, such issues must proceed to trial and proved on preponderance of evidence

1 case

Traverse

36 subsidiary principles

What amounts to admission of fact in a pleading

1 case

What a party can do where evidence has been led in respect of facts not pleaded

1 case

What a person relying on customary arbitration needs to aver in his pleadings

1 case

What a plaintiff must allege for his action or tort of conversion or for money had and received against the first defendants to be maintainable

1 case

What a plaintiff must plead in an action arising out of a breach of contract

1 case

What a statement of claim and defence should contain

1 case

What constitutes an admission on the pleadings

2 cases

What constitutes pleadings

3 cases

What constitutes pleadings in an action commenced by originating summons

1 case

What pleadings connotes

3 cases

When an averment which is denied will be proved

1 case

When a plea of res judicata will arise and when a pleading of estoppel will arise

1 case

When are pleadings closed?

2 cases

When the existence or non-existence of fact is said to be in issue

1 case

Whether a court can decide the claims of the parties in a manner inconsistent with what parties have put forward in their pleadings

3 cases

Whether a court can go outside the pleadings and issues joined

1 case

Whether a defendant can admit a fact not pleaded by the plaintiff

1 case

Whether a defendant can lead evidence on issues contained in the plaintiff's pleadings

1 case

Whether a defendant can rely on a defence based on a fact not stated in his statement of defence

1 case

Whether a defendant can rely on a defence which is based upon a fact or facts not stated in the statement of claim

1 case

Whether a defendant is entitled to plead all defences jointly or in the alternative

1 case

Whether a defendant is entitled to rely upon a defence which is based upon facts not stated in the Statement of Claim

1 case

Whether a defendant or respondent is under a duty to ask for further or better particulars

1 case

Whether a denial is the same as a refusal to admit

1 case

Whether a document can be impliedly pleaded by reference to another pleaded document

1 case

Whether a document to be used in contradicting a witness is admissible in evidence even though it was not covered by the pleadings

1 case

Whether a foreign law must be pleaded

1 case

Whether a judgment can substitute a claim or defence for the one pleaded and base his judgment on it

1 case

Whether a limitation statute must be specifically pleaded

3 cases

Whether a matter on which parties have agreed needs to be proved

1 case

Whether a mere denial of the amount claimed is sufficient

1 case

Whether an admission needs to be pleaded

1 case

Whether an affidavit can be used to respond to depositions of fact in a pleading

1 case

Whether an allegation of adultery must be specifically pleaded

1 case

Whether an allegation of bad faith must be pleaded with particularity

1 case

Whether an application for certiorari is a pleading

2 cases

Whether an averment made by a party and denied can be proved by going into the witness box and repeating the averment on oath

10 cases

Whether an Entry of Appearance qualifies as a pleading

1 case

Whether a notice of entry of appearance forms part of pleadings

1 case

Whether a paragraph in a pleading can be read in isolation

2 cases

Whether a party can approbate and reprobate on his pleadings

7 cases

Whether a party can depart from his pleadings

4 cases

Whether a party can go outside the case put forward by his pleadings

1 case

Whether a party can lead evidence on a point raised in the pleadings of his opponent

3 cases

Whether a party can make a case contrary to his pleadings

4 cases

Whether a party can make an assertion contrary to what is contained in the pleadings

1 case

Whether a party can plead a previous judgment in his favour

2 cases

Whether a party can raise an issue not pleaded

1 case

Whether a party can raise a point of law in his pleading

1 case

Whether a party can refute what he knows nothing about

1 case

Whether a party can rely on averment contained in his opponent's pleadings

1 case

Whether a party can rely on issues which are not the basis of his claim or defence

1 case

Whether a party can rely on the pleading of his adversary

1 case

Whether a party can set out a conclusion of law in his pleadings

1 case

Whether a party has legal right to installment the facts he intends to rely upon at the trial

1 case

Whether a party is bound to state facts unfavourable to his case

1 case

Whether a party is expected to plead evidence

2 cases

Whether a party is obliged to lead evidence in support of every averment in his pleadings

1 case

Whether a party is permitted to plead conclusions of law or of mixed fact and law

1 case

Whether a party is permitted to state a bland conclusion in a pleading without supporting particulars or reasons

1 case

Whether a party needs to plead that he has an equitable interest in a property

1 case

Whether a party relying on a special statutory provision for his defence or case must specifically plead that defence

1 case

Whether a party seeking to rely on illegality as a defence must specifically plead it

2 cases

Whether a party seeking to rely on the Administration of Estates Law/Act must specifically plead same

1 case

Whether a party should plead legal consequences that should flow from facts pleaded

2 cases

Whether a party who seeks to rely on the breach of a statute must plead it and make it an issue for trial

1 case

Whether a plaintiff can lead evidence on a point realised in the defendant's pleadings

1 case

Whether a plaintiff can plead res judicata

2 cases

Whether a plaintiff may raise inconsistent claims in his pleadings

2 cases

Whether a plaintiff must specifically plead facts and not the law from which the cause of action arose

1 case

Whether a plaintiff who raises an estoppel must plead it

1 case

Whether a plaintiff who was the defendant in a judgment pleaded can plead the judgment as res judicata

1 case

Whether a pleading in respect of which an order for amendment has been granted ceases to exist

2 cases

Whether a pleading is bad simply because it does not come up to the standard of "Bullen and Leake"

1 case

Whether a pleading to the effect that one could neither admit nor deny an averment is a valid denial

1 case

Whether a plea that the defendant puts plaintiff to strict proof amounts to insufficient denial

1 case

Whether a specific section of a law must be pleaded

1 case

Whether averments relating to misrepresentation, fraud and undue influence must be pleaded with particulars

2 cases

Whether crime must be specifically pleaded and proved

1 case

Whether customary Law must be specifically pleaded

1 case

Whether details of a medical report should be stated in pleadings

1 case

Whether documentary evidence must be specifically pleaded

17 cases

Whether documents in support of facts must be specifically pleaded

1 case

Whether documents must be pleaded

4 cases

Whether documents referred to in a pleading become part of the pleading

1 case

Whether documents should be attached to pleadings

1 case

Whether estoppel and acquiescence must be pleaded and the effect of not pleading them

1 case

Whether estoppel must be pleaded in a special form

1 case

Whether estoppel must be specifically pleaded

16 cases

Whether evidence is admissible where an application is made on the ground that the pleading discloses no reasonable cause of action

1 case

Whether evidence should be pleaded

4 cases

Whether extrinsic evidence is admissible in considering whether a pleading is frivolous or vexatious

1 case

Whether failure to file a reply to rebut an averment in a statement of defence amounts to an admission

3 cases

Whether failure to plead certain matters with particulars entitles a court to dismiss an action on the ground that the pleadings do not disclose any reasonable cause of action

1 case

Whether formal denials without evidence in proof is sufficient

1 case

Whether frustration of contract must be specifically pleaded

1 case

Whether hearing can be conducted at the Federal High Court without pleadings

1 case

Whether illegality must be pleaded; whether the court will take notice of illegality where the party relying on it fails to plead it

2 cases

Whether illegality must be specifically pleaded

10 cases

Whether illiteracy must be pleaded by a party who wishes to rely on it

1 case

Whether issue estoppel must be specifically pleaded

2 cases

Whether it is adequate to plead facts without mentioning the legal consequences which the party will contend flow from the existence of those facts

1 case

Whether it is appropriate to file one statement after another in the same case without making the proper application for amendment or substitution or both

1 case

Whether it is competent for a plaintiff to introduce new matter by way of set-off or by way of controverting the statements in the defence

1 case

Whether it is enough to allege a fact without setting out subordinate facts or evidence

1 case

Whether it is necessary to plead a defence based on an equitable doctrine

1 case

Whether it is necessary to plead an equitable defence in a special form

1 case

Whether it is necessary to set forth the legal conclusion which the party will ask the Court to adopt

1 case

Whether it is the defendant’s responsibility to raise the defence of statute of limitation

2 cases

Whether law must be specifically pleaded

3 cases

Whether law should be pleaded

3 cases

Whether once facts are pleaded, it is necessary to aver that such document would be relied on at the trial

1 case

Whether oral partition of land must be specifically pleaded

1 case

Whether particulars can take the place of averments in pleadings

2 cases

Whether parties and the court are bound by pleadings

30 cases

Whether parties are bound by their pleadings; effect of evidence not supported by pleadings

19 cases

Whether pleadings constitute evidence

34 cases

Whether pleadings in an earlier case can be referred to in a later case

1 case

Whether pleadings include an application for judicial review

1 case

Whether pleadings should be limited to a recital of denials and non-admissions

1 case

Whether pleadings should contain evidence

1 case

Whether points of law can be pleaded

1 case

Whether repeating averments in the pleadings amounts to proof of facts contained therein

2 cases

Whether res judicata is appropriate in a statement of claim

1 case

Whether res judicata must be specifically pleaded

3 cases

Whether statutes must be specifically pleaded

2 cases

Whether survey plans form part of pleadings

1 case

Whether the chances of the plaintiff’s case succeeding in the light of the defendants’ pleading is a matter that should be determined by evidence led

1 case

Whether the claim for interest on delayed compensation must be pleaded and strictly proved

1 case

Whether the content of a document must be pleaded

1 case

Whether the court can consider evidence on a matter not pleaded

4 cases

Whether the court can determine a matter based only on pleadings

1 case

Whether the court can determine the interpretation of a statutory provision and challenge to jurisdiction strictly on the pleadings

1 case

Whether the court can look for evidence from the other party where the plaintiff abandons his pleadings

1 case

Whether the court can refer to original pleadings which have been amended

1 case

Whether the court is bound by the pleadings of the parties

3 cases

Whether the court is permitted to formulate issues not raised in the pleadings

1 case

Whether the court will discountenance an inelegantly drafted pleading

1 case

Whether the court will shut its eyes to irregularly filed pleadings

1 case

Whether the defence of laches, acquiescence and standing by must be pleaded

2 cases

Whether the defences of estoppel or acquiescence must be pleaded

1 case

Whether the defendant can plead a previous judgment as res judicata

1 case

Whether the fact that a party replied in the negative to whether he intends to amend his pleadings in the pre-trial check list precludes him from seeking an amendment in the future

1 case

Whether the fact that averments in a pleading are not traversed renders is conclusive proof of the averments

1 case

Whether the issue of limitation of action must be specifically pleaded

4 cases

Whether the Judge will decline to consider a matter or a statute which was not pleaded

1 case

Whether the legal result of a document or fact must be pleaded

1 case

Whether the phrase "tenancy-in-common" must be specifically pleaded

1 case

Whether there can be an issue for consideration formulated by a party that has abandoned his pleadings

1 case

Whether there is a better notice of the case a party intends to make than his pleadings

1 case

Whether there is a distinction between anon-disclosure of a cause of action and a default or the use of a wrong word or expression or the misuse of a word in pleadings

1 case

Whether there is a need to plead statutes and sections thereof expressly

1 case

Whether there is a special form of pleading the equitable defences of waiver or estoppel

1 case

Whether the rules of pleadings in civil proceedings are desirable

1 case

Whether the rule that a party cannot set up a case contrary to his pleadings is an absolute rule

1 case

Whether time runs during the vacation period with respect to the filing of pleadings

1 case

Whether traditional history must be specifically pleaded

1 case

Whether volenti non fit injuria must be specifically pleaded

1 case

Whether waiver must be specifically pleaded

4 cases

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