LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Parties Bound by Pleadings — Evidence at Variance with Pleadings
PRINCIPLE STATEMENT
Parties are bound by their pleadings. Evidence at variance with the pleadings must be rejected. If such evidence is admitted through oversight, the court must treat it as if it had never been admitted.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Thompson & Anor v. Arowolo (2003) NLC-1351998(SC) at pp. 23–24; Paras C–A.
"It is a settled principle of our law that parties are bound by their pleadings. It is also the duty of counsel to object to inadmissible evidence, but if despite this, evidence is still, through an oversight or otherwise admitted, then it is the duty of the court when it comes to give judgment to treat the inadmissible evidence as if it had never been admitted. Evidence at variance with the pleadings must be rejected."
EXPLANATION / SCOPE
Evidence varying from pleadings is inadmissible. The principle applies to all civil trials. The court must disregard such evidence even if admitted. The rule ensures fair notice. The party cannot change its case. The principle is fundamental.