LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Pleadings – Variance between pleadings and evidence
PRINCIPLE STATEMENT
If evidence led is at variance with the pleadings, it goes to no issue and should be disregarded.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Vanderpuye v. Gbadebo (1998) NLC-2341990(SC) at p. 6; Paras A–C.
"Law reports are replete with authorities which need not be repeated every day that if evidence led is at variance with the pleadings it goes to no issue and should be disregarded..."
EXPLANATION / SCOPE
Evidence must conform to pleadings. Variance renders evidence irrelevant. The principle applies to all civil proceedings. The court must disregard inconsistent evidence. The rule ensures fair notice. The party must amend pleadings to reflect evidence. The principle is fundamental.