LEGAL PRINCIPLE: EVIDENCE LAW – Pleadings – Evidence at Variance with Pleadings – Duty of Court
PRINCIPLE STATEMENT
Any evidence led by a party which is in conflict with the party's pleading goes to no issue and should either be discountenanced or expunged by the trial court. The reason is elementary but predicated on a fundamental principle of pleading which stipulate that parties to a case are tried and bound by their pleadings; so also the court adjudicating the suit. Thus, facts not pleaded cannot constitute issues to be decided by the trial court. The appellate court has a duty to ignore evidence not based on pleaded facts.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Kode v. Yussuf (2001) NLC-2391993(SC) at p. 30; Paras C–E.
"Any evidence led by a party which is in conflict with the party's pleading goes to no issue and should either be discountenanced or expunged by the trial court. The reason is elementary but predicated on a fundamental principle of pleading which stipulate that parties to a case are tried and bound by their pleadings; so also the court adjudicating the suit. Thus, facts not pleaded cannot constitute issues to be decided by the trial court. The appellate court has a duty to ignore evidence not based on pleaded facts."
EXPLANATION / SCOPE
Evidence conflicting with pleadings goes to no issue and must be discountenanced or expunged. The trial court has a duty to ignore such evidence. The appellate court must also ignore evidence not based on pleaded facts. The principle is fundamental: parties are bound by their pleadings. Facts not pleaded cannot be issues for determination. The court cannot rely on unpleaded evidence, even if admitted without objection. The duty applies regardless of whether the opposing party objected. The court must enforce the pleadings rule in its judgment. The principle ensures fair notice, prevents surprise, and maintains orderly litigation. Unpleaded evidence is legally irrelevant. The court cannot base its decision on such evidence.