LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Courts Bound by Pleadings of Parties
PRINCIPLE STATEMENT
Courts are bound to decide only the case as formulated on the pleadings of the parties. It is not within the office of a court to enter any inquiry outside the pleadings or to adjudicate on any matter not put in issue by the pleadings.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Lipede & & Ors v. Sonekan & Anor (1995) NLC-721989(SC) at p. 9; Paras. A–B.
"courts are bound to decide only the case as formulated on the pleadings of the party. It is not within the office of a court to enter any inquiry outside the pleadings or to adjudicate on any matter not put in issue by the pleadings."
EXPLANATION / SCOPE
Courts must confine themselves to issues raised in the pleadings. They cannot adjudicate on unpleaded matters. The principle ensures fair notice and prevents surprise. The court will disregard evidence on unpleaded facts. The rule applies to all civil proceedings. The parties define the scope of the case. The court cannot make a case for a party. The principle is fundamental to civil procedure.