Functions Of Pleadings

Pleading is defined as a formal document in which
a part to a legal proceeding (especially a civil lawsuit) set forth or respond to allegations, claims, denial or defenses. In the case of Udeh v. Okitipupa Oil Palm Plc (2005)9 NWLR (Pt929)Pg.58. Pleading was defined as all the respective statements served by the parties on each other. Also in Awuse v Odili (2005) 16 NWLR (Pt 952) Pg.443. It was held that the primary function of a pleading is to define and delimit with clarity and precision the real matter in controversy between the parties upon which they can prepare and present their respective cases. In addition it is the basis upon which the court will be called to adjudicate between them.
Pleadings must not be evasive but must deal with substantive points between the parties. It must define the issues and prevent a surprise being spring upon either party. A pleading must be sufficient, comprehensive and accurate. In Ogiamien & anor v. Ogiamien (1967) NWLR Pg.245 the court held that it is not open to a party to depart from his pleading and to put up an entirely new case at the hearing nor can a judge depart from a case as pleading by the parties.
However, pleadings in a previous case cannot be used as admission against a party in a latter ease o n the other h ad a defendant is free to ask for particulars of any averment contained in the statement of claim even after he had filed the statement of defence.
In a case of proof of title to land, it is imperative on the part of the defendant to plead special defences, such as res judicata, laches, acquiescence and statute of limitation. In the locus classicus case of Idundun & Ors v Okumagha & Ors (1976) NSCC 445 Pg 453-454 para 45-50, Fatai Williams, JSC enumerated the five ways through which ownership of land maybe proved viz.
1.  By traditional evidence
2. By. production of document of title which must of course be duly authenticated in the sense that their due execution must be proved, unless they are produced from proper custody in circumstances giving rise to the presumption in favour of due execution in the case of documents twenty years old or more at the date of the contract.
3. By acts of  the persons(s) claiming the land such as selling, leasing or renting out all or part of the land or farming on it are also evidences of ownership, provided the acts extend over a sufficient length of time and are numerous and positive enough to  warrant the inference that the person is the true owner.
4. Acts of long possession and enjoyment of the land may also be a prime facie evidence of ownership of the land.
5. Proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would, in addition be the owner of the land in dispute, may also rank as a means of proving ownership of the land in dispute.
The importance of land cannot be over emphasized. So adequate care must be taken to plead the essential facts, for the claimant or plaintiff to succeed.

Nekechi Bright Ewere