LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Effect of Unpleaded Facts – Irrelevance of Unpleaded Allegations
PRINCIPLE STATEMENT
It is crystal clear and beyond peradventure that the parties unpleaded facts go to no issue: similarly, evidence led at trial not anchored on the parties' pleadings must be discountenanced.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Pan Bisbilder Nigeria Ltd. v. First Bank of Nigeria Ltd. (2000) NLC-1141991(SC) at p. 8; Paras A–B.
"It is crystal clear and beyond peradventure that the parties unpleaded facts go to no issue: similarly, evidence led at trial not anchored on the parties' pleadings must be discountenanced."
EXPLANATION / SCOPE
Unpleaded facts go to no issue—they are legally irrelevant. Evidence led at trial not anchored on pleadings must be discountenanced (disregarded). The court cannot consider facts not pleaded, no matter how compelling the evidence. This fundamental rule ensures fair notice and prevents surprise. Parties must amend pleadings to introduce new facts. Evidence on unpleaded matters is waste of time and cannot support judgment. The court’s decision must be based solely on pleaded and proved facts. This preserves the integrity of the adversarial process and ensures orderly litigation.