LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Evidence on Matters Not Pleaded — Inadmissibility of Unpleaded Evidence
PRINCIPLE STATEMENT
Evidence on a matter not pleaded cannot be received, even if extracted in cross-examination; such evidence goes to no issue.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adenle v. Olude (2002) NLC-1341998(SC) at pp. 12–13; Paras E–A.
"The law is that evidence on a matter not pleaded cannot be received even if extracted in cross-examination: see Slee Transport v. Oluwasegun (1977) 8 NSCC 470 at 476-477; Nwawuba v. Enemuo (1988) 19 NSCC (Pt. 1) 930 at 940."
EXPLANATION / SCOPE
Evidence on unpleaded matters is inadmissible, even if obtained during cross-examination. The opposing party cannot be taken by surprise. The court must disregard such evidence. The principle reinforces that parties are bound by their pleadings. The purpose of pleadings is to define issues for trial. Evidence outside those issues is irrelevant. The rule applies to both direct examination and cross-examination. The court will not allow a party to introduce new facts through the back door. The remedy is to strike out the evidence. The principle prevents trial by ambush. The party wishing to rely on new facts must amend the pleadings.
