LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Evidence Not Pleaded Goes to No Issue
PRINCIPLE STATEMENT
There is nothing averred in the pleadings that one Uzoma became the head of Ozo or that by virtue of that he became the Diokwara of Imeowere. That was not made part of the plaintiffs' case. Such evidence is inadmissible even if extracted in cross-examination. In such a situation, the evidence goes to no issue and must be disregarded.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Iheanacho & Ors v. Chigere & Ors (2004) NLC-1512000(SC) at pp. 19–20; Paras E–B.
"The learned trial Judge misconceived a portion of the evidence given under cross-examination by D.W.1 and relied on it when he said in his judgment: '... There is nothing averred in the pleadings that one Uzoma became the head of Ozo or that by virtue of that he became the Diokwara of Imeowere. That was not made part of the plaintiffs' case. Such evidence is inadmissible even if extracted in cross-examination: see Nwawuba v. Enemuo (1988) 2 NWLR (Pt.78) 581, (1988) 1 NSCC (Pt.19) 930 at 940. In such a situation, the evidence goes to no issue and must be disregarded.'"
EXPLANATION / SCOPE
Evidence not pleaded is inadmissible even if extracted in cross-examination. Such evidence goes to no issue and must be disregarded. The principle applies to all civil proceedings. The court cannot rely on unpleaded facts. The rule ensures parties are bound by their pleadings. The court must exclude evidence outside the pleadings.