LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Evidence Contrary to Pleadings Must Be Disregarded
PRINCIPLE STATEMENT
Now just as an appellant is bound by his grounds of appeal so at the earlier stage of the action both parties are bound by their pleadings and it is elementary that admissions in pleadings do not have to be proved. In so far as pleadings do not contain admissions then the matters alleged must be proved in evidence, but that evidence cannot derogate from the pleadings. A plaintiff must call evidence to support his pleadings, and evidence which is in fact adduced, which is contrary to his pleadings should never be admitted... It makes no difference...that the other side did not object to the evidence or that the judge did not reject it. It is of course, the duty of counsel to object to inadmissible evidence, but if notwithstanding this evidence is still through oversight or otherwise admitted then it is the duty of the court when it comes to give judgment to treat the inadmissible evidence as if it had never been admitted.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Abimbola v. Abatan (2001) NLC-2061994(SC) at p. 13; Paras A–B.
"Now just as an appellant is bound by his grounds of appeal so at the earlier stage of the action both parties are bound by their pleadings and it is elementary that admissions in pleadings do not have to be proved. In so far as pleadings do not contain admissions then the matters alleged must be proved in evidence, but that evidence cannot derogate from the pleadings. A plaintiff must call evidence to support his pleadings, and evidence which is in fact adduced, which is contrary to his pleadings should never be admitted... It makes no difference...that the other side did not object to the evidence or that the judge did not reject it. It is of course, the duty of counsel to object to inadmissible evidence, but if notwithstanding this evidence is still through oversight or otherwise admitted then it is the duty of the court when it comes to give judgment to treat the inadmissible evidence as if it had never been admitted."
EXPLANATION / SCOPE
Evidence contrary to pleadings must be disregarded even if admitted without objection. The court cannot rely on evidence that contradicts the pleaded case. The duty to object is counsel’s, but the court must exclude inadmissible evidence when giving judgment. Admissions in pleadings do not require proof. Evidence cannot derogate from pleadings. The principle applies regardless of whether the other side objected or the judge admitted it. The court must treat such evidence as never admitted. This ensures that parties are bound by their pleadings and prevents trial by ambush. The rule is strict—no amendment, no reliance. The court’s duty is to enforce the pleadings rule even after admission.
