“It is also settled that 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 LIONEL BRETT, JSC in USEN V. BANK OF WEST AFRICA LTD (1965) LCER-346(SC) (Pp 5 – 5 Paras F – F)
See Also:
- ACTION - Pleadings - Whether an allegation of fraud must be specifically pleaded
"Fraud, like Estoppel, is not a cause of action but a rule of law and Fraud must be specially pleaded and supported with full particulars." Per COKER, JSC in…
- APPEAL: Notice of Appeal - Whether a notice of appeal must be competent before an appeal itself can be competent
"A notice of appeal being the foundation or substratum of every appeal must be competent before an appeal itself can be competent. Any fundamental defect in a notice of appeal…
- CRIMINAL LAW: Evidence of Forgery in Document of Fraud
"In cases of document fraud, it is not always necessary to call a witness to testify against the authenticity of a signature if substantial corroborative evidence supports the forgery claim.…