LEGAL PRINCIPLE: CIVIL PROCEDURE – Reliefs Not Claimed – Court Must Confine Itself to Pleadings and Issues Joined
PRINCIPLE STATEMENT
A trial judge should not import into his judgment issues not pleaded. A judge must keep strictly to the pleadings and issues joined and must not stray from them, even when the interest of justice so demands or where invited by the parties without amendment.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Okobia v. Ajanya (1998) NLC-1321995(SC) at pp. 7–8; Paras D–A.
"A trial judge should not import into his judgment issues not pleaded. In deciding a case a judge must keep strictly to the pleadings of the parties and the issues joined and must not stray from the pleadings even when the interest of justice so demands or where he is invited by the parties to do so without amendment to the pleadings."
EXPLANATION / SCOPE
Courts are bound by the pleadings. Unpleaded issues cannot be decided. The principle applies even if the interest of justice seems to demand it. The parties cannot consent to deciding unpleaded issues without amendment. The rule ensures fair notice. The court cannot make a case for a party. The principle is fundamental to civil procedure. The court may allow amendment of pleadings. The appellate court will set aside decisions based on unpleaded issues. The rule promotes certainty and fairness.