PLEADINGS: The need for a party to include in his pleadings an alternative claim or defence as the case may be

"it is now settled, it is proper for a party in an action to include in his pleading, two or more inconsistent sets of material facts and claim reliefs thereunder, in the alternative. See S.C.E.I. v. Odunewu & anor. (1965) 2 All NLR 135 and Metal Construction (W.A.) Ltd. v. Chief Aboderin (1998) 6 SCNJ. 161 at 170, (1998) 8 NWLR (Pt. 563) 538.

An alternative defence may also be pleaded.

Therefore, and this is also settled, where a claim is in the alternative, the trial court will first of all consider whether the principal or main claim ought to have succeeded. It is only after the court may have found, that it could not, for any reason, grant the principal main claim, that it would only consider the alternative claim."

Newbreed Org. Ltd. v. Erhomosele [2006] 5 NWLR (Pt.974) 499

Per Ogbuagu, J.S.C. (P.51, Paras.B-E) -