LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Evidence Must Support Pleadings and Unpleaded Facts Go to No Issue
PRINCIPLE STATEMENT
Pleadings are the body and soul of any case in a skeleton form and are built up and solidified by the evidence in support thereof. They are never regarded as evidence by itself and if not followed by any supporting evidence, they are deemed abandoned. A party is bound by his pleadings and cannot give evidence outside what was pleaded. If he does, it goes to no issue and is irrelevant.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Jolayemi & Ors v. Alaoye & Anor (2004) NLC-1062000(SC) at p. 11; Paras B–D.
"Pleadings are the body and soul of any case in a skeleton form and are built up and solidified by the evidence in support thereof. They are never regarded as evidence by itself and if not followed by any supporting evidence, they are deemed abandoned. A party is bound by his pleadings and cannot give evidence outside what was pleaded. If he does, it goes to no issue and is irrelevant."
EXPLANATION / SCOPE
Pleadings require supporting evidence; unproven pleadings are deemed abandoned. A party cannot give evidence outside what was pleaded. Such evidence goes to no issue and is irrelevant. The principle applies to all civil proceedings. The court must disregard unpleaded evidence. The rule ensures parties are bound by their pleaded cases. Evidence must correspond to pleadings to have any effect.
