KABIAWU A.I.B.A. VS LAWAL
September 3, 2025S.A.T. TAYLOR & ORS VS KINGSWAY STORES OF NIGERIA LTD & ANOR PAGE| 1
September 3, 2025Legalpedia Citation: (2022-03) Legalpedia 85117 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Feb 11, 1965
Suit Number: SC 560/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
USEN
APPELLANTS
BANK OF WEST AFRICA LTD
RESPONDENTS
AREA(S) OF LAW
LABOUR LAW-PRACTICE AND PROCEDURE-PLEADINGS
SUMMARY OF FACTS
The appellant instituted these proceedings claiming damages for wrongful dismissal in the sum of £1,381-3s-10d. The court dismissed the suit, hence this appeal.
HELD
Appeal dismissed
ISSUES
RATIONES DECIDENDI
FRAUD MUST BE SPECIFICALLY PLEADED
Where fraud has not been pleaded, it is well settled that neither party may invite the court to find it proved, and there are even stronger objections to the court’s doing so uninvited. Per Brett JSC
PLEADING FRAUD
A party who intends to prove fraud must plead it expressly and that if he had not done so he will not be allowed to produce evidence which points unequivocally to fraud and nothing else. Per Brett JSC
CASES CITED
STATUTES REFERRED TO
