LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Evidence at Variance with Pleadings Goes to No Issue
PRINCIPLE STATEMENT
It is beyond dispute that parties are bound by their pleadings and evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court. A party will not be allowed after pleading a particular set of material facts to turn round and base his case on a totally different set of facts without an amendment of his pleading.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olohunde & Anor v. Adeyoja (2000) NLC-151995(SC) at p. 11; Paras C–E.
"It is beyond dispute that parties are bound by their pleadings and evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court. A party will not be allowed after pleading a particular set of material facts to turn round and base his case on a totally different set of facts without an amendment of his pleading."
EXPLANATION / SCOPE
Parties are bound by their pleadings. Evidence at variance with pleadings goes to no issue and must be disregarded. A party cannot plead one set of material facts and then base their case on a different set without amending pleadings. The court decides only the pleaded case. Variance can be between pleaded facts and evidence, or between evidence and reliefs claimed. The rule prevents surprise, ensures fair notice, and maintains orderly litigation. If new facts emerge, the party must seek amendment. The court cannot consider unpleaded matters even if evidence is led. Variance defeats the unpleaded case.