Saka Owoade V. The United Africa Company Ltd (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Pleadings insufficient—Alternative claims not pleaded—Plaintiff can only rely on cause of action pleaded.

Facts

The defendant was the appellant. By his writ of summons the plaintiff sued the defendant as a common carrier, and his statement of claim based his claim on the same grounds.

Counsel for the plaintiff in opening his case stated that the defendant was liable on two grounds, firstly as a common carrier, and secondly by virtue of the principle respondeat superior. Plaintiff led no evidence to prove that defendant was a common carrier but led evidence to establish the doctrine of respondeat superior.

At the conclusion of the plaintiff’s case counsel for the defendant submitted there was no case to answer as the plaintiff could not rely -ipon an alternative claim not pleaded.
The trial Court rejected this submission on the grounds that facts only need be pleaded and the facts pleaded disclosed the alternative claims. The Court gave judgment for the plaintiff.

Held

Both the writ of summons and the statement of claim showed that the defendant was sued in his capacity as a common carrier and no other. The plaintiff had failed to comply with the provisions of Order 22, rule 8, of the Supreme Court (Civil Procedure) Rules, which requires that distinct causes of action should be stated separately and distinctly. The plaintiff’s claim therefore failed.

Appeal allowed.