Pleadings | Bar Talk with Ola | Episode 124

#Pleadings #civillitigation #Bartalkwithola #Btwo #statementofclaim #statementofdefense #counterclaim

[EuniceEbosetale]

Thank you so much, your talk has been helpful
Please what is the procedure for recalling a witness

[Bibi_bishop]

God bless you real good, Madam. Please, What does it mean when a fact is said to have been taken judicial notice of?

[Winifredcole]

Thank you very much for this very detailed and helpful upload. Very articulate!❤

[bsimmz]

WHAT ARE PLEADINGS?

These are material facts that make up your case.

Types include Set off, Reply, Defence, Statement of Claim, Further & Better Particulars, Defence and Counter Claim.

WHAT DO PLEADINGS CONTAIN?

Pleadings contain:

1. MATERIAL FACTS! You know what facts are? Facts are different from Opinions, Law, Suggetions, Insinuations, Perceptions. Facts! Pleadings must contain material facts at all times. These are things that actually happened. Facts upon which you want to tender evidence. PLEADINGS MUST NOT CONTAIN EVIDENCE. Pleadings do not talk about evidence, but they talk about material facts which the evidence supports.

2. Pleading disclose facts about who the Parties are. Who the Plaintiffs and Defendants are (Is it a company, firm or indididuals?).

3. Material facts that disclose the cause of action.

4. The facts contained in pleadings must be stated precisely and positively.

5. You do not plead the Law, legal arguments or legal conclusions. NO leave that for the court;

6. Reliefs sought and prayers.

STRUCTRE :

[A]. COURT, CAUSE NUMBER & PARTIES.

- Indicate who the Plaintiff(s) and Defendant(s) are.

[B]. HEADING IN TRAM LINES:

- Statement of Claim.
- Defence
- Defence & Counter Claim
- Reply

[C]. MATERIAL FACTS :
- Tell a story in cronological order
- Number the paragraphs
- Use figures and not words
- Indicate particulars where applicable
- Damages and or Special damages

[E]. PRAYER & RELIEFS SOUGHT

[F]. DATE & SIGN THE PLEADING

[G]. INDICATE THE ADDRESS OF THE PLAINTIFF:

- Show Postal, Physical addresses and the Electronic email address.

[violetekungba]

Thanks for this dear. I like listening to you. I've abandoned this profession for over 2 decades due to a toxic union. How do I get abreast with the nitty gritty of law please?

[njokuellie]

Your youtube videos have helped me through my journey as a new wig

[gajimimustapha-oxfd]

Thank you for your awareness, support, and contribution.please I want More light about how to withdraw FIR

[Reina]

Thanks for sharing.
What if the defendant added new facts( counterclaim) that were not in the claimant's statement of claim. Will the response be a reply?

[nwaminifidelischinonso]

Thanks ma, ur emphasis has helped me alot

[jamoghasamuel]

I always enjoy your submission, more grace

[hussainimusa]

Your videos helps alot, keep it up pls...