LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Party Bound by Pleadings and Evidence at Variance
PRINCIPLE STATEMENT
Parties are bound by their pleadings. Evidence at variance with the averments in the pleadings goes to no issue and should be disregarded. The court should concern itself only with evidence of matters included in the pleadings.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Nwankpu v. Ewulu (1995) NLC-761992(SC) at pp. 22–23; Para A.
"It is trite law that parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court. The court should concern itself only with evidence of those matters which have been included in the pleadings."
EXPLANATION / SCOPE
Pleadings define the issues. Evidence on unpleaded facts is irrelevant. The court must disregard such evidence. The principle ensures fair notice and prevents surprise. The party cannot prove a different case from what was pleaded. The rule applies to both plaintiffs and defendants. The court may allow amendment. The principle is fundamental to civil procedure. The appellate court will set aside decisions based on unpleaded evidence.