LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Binding Effect — Parties and Court Bound by Pleadings Filed
PRINCIPLE STATEMENT
In a civil action tried on pleadings, parties and the court are bound by their pleadings filed in the case. They will not be allowed to set up cases different from their pleadings. The parties must limit themselves severely to the issues raised in their pleadings.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ogbogu & Ors v. Ugwuegbu & Anor (2003) NLC-1151998(SC) at p. 14; Paras A–C.
"In a civil action tried on pleadings, parties and the court are bound by their pleadings filed in the case. And they will not be allowed to set up cases different from their pleadings. The parties must therefore limit themselves severely to the issues raised in their pleadings."
EXPLANATION / SCOPE
Parties and courts are bound by pleadings. The principle applies to all civil trials. A party cannot set up a different case. The rule ensures fair notice. The court cannot decide unpleaded issues. The principle is fundamental.