LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Variance Between Pleading and Evidence – Effect
PRINCIPLE STATEMENT
If evidence is at variance with the pleading, such evidence will have no value. It will be discountenanced because it is contrary to the issues joined and therefore goes to no issue worthy of consideration. The obvious consequence is that such a plaintiff would have failed to lead evidence to support the particular issue in question.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eze v. Atasie (2000) NLC-1401995(SC) at p. 4; Paras A–B.
"If evidence is at variance with the pleading, such evidence will have no value. It will be discountenanced because it is contrary to the issues joined and therefore goes to no issue worthy of consideration. The obvious consequence is that such a plaintiff would have failed to lead evidence to support the particular issue in question."
EXPLANATION / SCOPE
Evidence that varies from pleadings is valueless and must be discountenanced. It goes to no issue because it contradicts the factual framework defined by the pleadings. The consequence is that the party fails to prove the pleaded case. The court cannot consider evidence on unpleaded facts. Parties must adhere to their pleadings or seek amendment. Variance can be between the pleaded case and evidence, or between evidence and reliefs claimed. This rule ensures fair notice, prevents surprise, and maintains orderly litigation. The court’s decision must be based on pleaded and proved facts.