LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Consequence of Failure to Plead Traditional Evidence
PRINCIPLE STATEMENT
If the plaintiffs did not plead traditional evidence as required, it would be futile considering any evidence in that line as such evidence would go to no issue and ought to be disregarded.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ewo & Ors v. Ani & Ors (2004) NLC-621997(SC) at p. 6; Paras C–D.
"If the plaintiffs did not plead traditional evidence as indicated above, it would be futile considering any evidence in that line as such evidence would go to no issue and ought to be disregarded."
EXPLANATION / SCOPE
Traditional evidence must be pleaded to be admissible. The principle applies to land law. Unpleaded traditional evidence goes to no issue. The rule ensures fair notice. The court will disregard unpleaded evidence. The principle is fundamental.