LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Issue Joined – Determination Must Be Confined to Issues Joined
PRINCIPLE STATEMENT
Civil cases are decided upon what is put as an issue by the parties. The respondent relied on his deed of conveyance upon which no issue was joined. It was now up to the appellant to prove her own side of the case as pleaded, namely, that the property was abandoned. She led no evidence of any kind except her Ipse dixit. One would expect that the necessary Government gazette in which the property was published as abandoned property would be tendered. It was not.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Obulor & Anor v. Oboro (2001) NLC-1321997(SC) at p. 7; Paras A–C.
"Civil cases are decided upon what is put as an issue by the parties. The respondent relied on his deed of conveyance upon which no issue was joined. It was now up to the appellant to prove her own side of the case as pleaded, namely, that the property was abandoned. She led no evidence of any kind except her Ipse dixit. One would expect that the necessary Government gazette in which the property was published as abandoned property would be tendered. It was not."
EXPLANATION / SCOPE
Civil cases are decided on issues joined by the parties. If a party relies on a document (e.g., deed of conveyance) and no issue is joined on it, the court may accept it as unchallenged. The opposing party must prove their pleaded case with evidence—mere assertion (ipse dixit) is insufficient. For an abandoned property claim, the party must tender the Government Gazette publishing the abandonment. Failure to adduce evidence in support of a pleaded case results in failure. The principle enforces the burden of proof. A party cannot rely on bare assertions. The court will not assume facts not proved. Evidence must be legally admissible and relevant.
