Only Facts Not Evidence: The Indispensability of Pleadings in Modern Advocacy in Nigeria

    SMARANDA Elisabetta Olarinde ,IDEM Udosen Jacob ,AGANBI Victor Emokiniovo
    Keywords: Civil Procedure, Pleadings, Rules of Court, Quick Disposal, Modern Advocacy ,

    Abstract

    Abstract
    At common law and in Nigeria pleadings are indispensable to dispute resolution procedure, as they
    operate to define and delimit with clarity and precision, the real matters of controversy between the
    parties and on which the court will be called upon to adjudicate and decide between them. Pleadings
    are peculiar to actions which commenced by writ of summons in the High Court, and it is briefed in the
    Court of Appeal. It is the role played by these documents known as pleadings in the administration of
    Justice in Nigeria that this paper explores. In conducting this research, a descriptive analysis has been
    carried out with the help of statutory enactments and judicial pronouncements. The paper found that
    before any civil matter is set down for actual hearing by the court, pleadings must be filed to define and
    ascertain the issues in despite between parties and those upon which parties had already agreed. It is
    our further findings that pleadings are the most useful and indispensable instrument for quick disposal of
    civil cases in our courts. The paper suggests that since pleadings provide an easy way of identifying the
    real facts -in -issue thereby saving the costs and time at trial in the High Courts the same concept should
    be introduced in the Magistrate’s Courts and other courts of coordinate jurisdictions in Nigeria.

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