Widgets

Pleadings as essentials of suit

NATURE OF PLEADINGS:
Pleadings are written statements of parties to a suit, which are served, on each party.  Normally this statement of pleadings sets in summary form the nature of the case and the material facts that support the claim.


In civil proceedings it is imperative that the matter that the claim submitted to the court should be clearly ascertained.  Civil Proceedings are not an ambush and the defendant must know the claim against them and the plaintiff must know the defence.  The parties are supposed to know the allegations that they are going to meet in court and no party should be caught unawares.  The object of the pleadings is to establish the character of the dispute.   It is through the pleading that the court is able to know what the issues in dispute are and that require determination by it.


The sole object of pleadings is to


bring the parties to definite issues; and
to diminish expense and delay; and
to prevent surprise at the hearing.


A party is entitled to know the case of his opponent so that he can meet it. In other words the sole object of pleadings is


1.to ascertain the real dispute or issue between the parties;
2.narrow down the area of conflict and
3.to see where the 2 sides differ to preclude one party from taking the other by surprise and
4.to prevent miscarriage of justice.


Pleadings have to be drafted and served according to the rules of procedure.  After Fourteen days of filing a defence if there is no response, it is assumed that you have accepted.




PRINCIPLE OF PLEADINGS:
Each party should only plead material fact;
Any material facts that are not clearly denied will be deemed to have been admitted;
Any issue not pleaded cannot be canvassed in court.


FUNCTION OF PLEADINGS:
The pleading system is based on the fundamental principle of natural justice that a person should have a fair chance to defend themselves and due notice.  They should also be given an opportunity to respond
The object of pleadings is to define with clarity and precision the issues or questions which are in dispute between the parties and which fall to be decided by the court.  Thorpe V.


The object of pleadings is to require and to give each party a fair and proper notice of their opponent’s case to enable them frame and prepare their case Palmer Case.  The court said the pleadings must contain fair and proper notice.  Esso Petroleum Case


The object of the pleadings is to inform the court in a precise manner the issues and the dispute between the parties.  It defines the limits of the court at that stage.  Read the case of Blay especially Stratton J. Judgment)


The object of the pleadings is not only to provide a brief summary of the case of each of the parties but it is also supposed to provide a readily available reference if the need to do so arises.  In effect the pleadings are a permanent record of what the dispute is and are useful for purposes of Res judicata and Estoppel by record.  Refer to the Heystaeed Case


The object of the pleadings is that pleadings are also supposed to prevent multiplicity of suits. 


The object of pleadings is to also diminish expense and delay in civil action read The Ganesh Case.

 
 
 

Like Us on Facebook

Contact Form

Name

Email *

Message *