LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Parties Bound by Pleadings – Effect of Failure to Plead Material Facts
PRINCIPLE STATEMENT
It is undoubtedly trite that parties are bound by their pleadings.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Echi & Ors v. Nnamani & Ors (2000) NLC-1271994(SC) at p. 4; Paras A–B.
"It is undoubtedly trite that parties are bound by their pleadings."
EXPLANATION / SCOPE
Parties are strictly bound by their pleadings. They cannot introduce evidence on unpleaded facts or rely on matters not pleaded. The court’s decision must be confined to issues raised in the pleadings. This fundamental rule ensures fair notice, prevents surprise, and maintains orderly litigation. Failure to plead material facts means those facts are not before the court, regardless of evidence led. The rule applies equally to plaintiffs and defendants. Pleadings define the scope of the case; parties cannot depart from them without amendment. This preserves the adversarial system’s integrity.