PRINCIPLE STATEMENT

Parties are bound by their pleadings, because the pleadings form their battleground. Whatever is not pleaded is not an issue and any skirmishes on unpleaded issue is a mere waste of time and if admitted erroneously in evidence it should be discountenanced as it is a nullity. The aim of pleadings is to bring to the fore the very dispute between the parties so that in the course of trial each party has put his adversary on notice as to what he is meeting.

RATIO DECIDENDI (SOURCE)

Per Belgore, JSC, in Nsirim v. Onuma Construction Company (Nigeria) Ltd. (2001) NLC-2031994(SC) at p. 11; Paras A–C.
"Parties are bound by their pleadings, because the pleadings form their battleground. Whatever is not pleaded is not an issue and any skirmishes on unpleaded issue is a mere waste of time and if admitted erroneously in evidence it should be discountenanced as it is a nullity. The aim of pleadings is to bring to the fore the very dispute between the parties so that in the course of trial each party has put his adversary on notice as to what he is meeting."
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EXPLANATION / SCOPE

Pleadings define the “battleground”—unpleaded facts are not issues. Evidence on unpleaded matters is a waste of time and must be discountenanced as a nullity. The purpose of pleadings is to give notice of the case to be met. This prevents surprise and ensures fair hearing. A party cannot rely on facts not pleaded, regardless of evidence led. The court cannot consider unpleaded issues. The rule is strict—no amendment, no reliance. This preserves the integrity of the adversarial system and ensures that parties prepare their cases knowing precisely what they must meet. Unpleaded facts are legally irrelevant.

CASES APPLYING THIS PRINCIPLE

None recorded.