LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Evidence at Variance with Pleadings
PRINCIPLE STATEMENT
It is also trite law that parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adeleke & Ors v. Iyanda & Ors (2001) NLC-561996(SC) at p. 17; Paras A–B.
"It is also trite law that parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court."
EXPLANATION / SCOPE
Parties are strictly bound by their pleadings. Evidence that varies from pleaded facts goes to no issue and must be disregarded. The court cannot consider unpleaded matters, even if evidence is led. The purpose is to ensure fair notice, prevent surprise, and maintain orderly litigation. A party cannot plead one set of facts and prove another without amending pleadings. The variance may be between pleaded facts and evidence, or between evidence and reliefs claimed. The rule applies to both plaintiffs and defendants. The remedy is amendment, not reliance on unpleaded evidence. The court’s decision must be based solely on pleaded and proved facts.