LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Variance Between Pleadings and Evidence — Evidence at Variance with Pleadings Goes to No Issue
PRINCIPLE STATEMENT
Parties are bound by their pleadings; evidence at variance with the averments in the pleadings goes to no issue and must be discountenanced.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Mohammed v. Klargester Nigeria Ltd (2002) NLC-1141995(SC) at pp. 16; Paras B–C.
"It is trite law that parties are bound by their pleadings and evidence which is at variance with the averments in the pleadings goes to no issue and should be discountenanced by the court."
EXPLANATION / SCOPE
Evidence that does not correspond to the pleadings is irrelevant. The court must disregard it. The parties define the issues through their pleadings. The court cannot allow a party to prove a different case from what was pleaded. The principle prevents surprise and ensures fair hearing. The party must amend the pleadings to reflect the evidence. The court will not permit a party to change the case mid-trial without amendment. The rule applies to both plaintiffs and defendants. The court will strike out evidence that is inconsistent with the pleadings. The principle is fundamental to civil procedure. The court’s decision must be based on pleaded and proved facts.
