case being brought against the person entitled to notice or as to the defence. Order 6 rule 1 (1) of
the Civil Procedure Rules provides that:
"Every pleading shall contain a brief statement of the material facts on which the party
pleading relies for a claim or defence, as the case may be."
Additionally it is a requirement to accompany the pleading whether the plaint or written
statement of defence with a brief summary of evidence to be adduced, a list of witnesses, a list of
documents and a list of authorities according to Order 6 rule 2 of the Civil Procedure Rules.
Particulars are supposed to be given where they are necessary in cases of misrepresentation,
fraud, breaches of trust, wilful default or undue influence (Order 6 rule 3). Also very important is
Order 6 rule 4 of the Civil Procedure Rules which requires that an order may be made for further
and better statement of the nature of the claim or defence or further and better particulars of any
matter stated in any pleading. The underlying principle is that sufficient notice is to be given to
the opposite side of the nature of the claim or defence. Particularly certain facts are mandatory to
be pleaded under Order 6 rule 6 of the Civil Procedure Rules and it provides as follows:
"The Defendant or Plaintiff, as the case may be, shall raise by his or her pleading all
matters which show the action or counterclaim not to be maintainable, or that the
transaction is either void or voidable in point of law, and all such grounds of defence or
reply, as the case may be, if not raised would be likely to take the opposite party by
surprise, or would raise issues of fact not arising out of the preceding pleadings, as, for
instance, fraud, Limitation Act, release, payment, performance, or facts, showing
illegality either by statute or common law."
It is obligatory for the Defendant to aver by its or his or her pleadings that the action is not
maintainable and all such grounds of defence as the case may be. Order 6 rule 6 of the Civil
Procedure Rules is mandatory. According to Odger's Principles of Pleadings and Practice in
Civil Actions in the High Court of Justice 22nd edition London Stevens and Sons 1981 at
page 88 thereof:
"The function of pleadings then is to ascertain with precision the matters on which the
parties differ and the points on which they agree; and thus arrive at certain clear issues on
which both parties desire a judicial decision."
The text makes reference to the speech of Lord Radcliffe in Esso Petroleum Co Ltd versus
Southport Corporation [1956] AC 418 at 241; [1955] 3 All ER 864. In Esso Petroleum Co
Ltd and Another v Southport Corporation [1955] 3 All ER 864 Lord Radcliffe at page 871
held that parties should be confined to their pleadings when he said:
―My Lords, I think that this case ought to be decided in accordance with the pleadings. If
it is, I am of opinion, as was the trial judge that the respondents failed to establish any
claim to relief that was valid in law. If it is not, we might do better justice to the