LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Pleadings Unsupported by Evidence Deemed Abandoned
PRINCIPLE STATEMENT
It is trite law that pleadings simpliciter not supported by evidence cannot be accepted as evidence and is deemed abandoned.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ezeanah v. Atta (2004) NLC-2262000(SC) at p. 36; Paras A–B.
"It is trite law that pleadings simpliciter not supported by evidence cannot be accepted as evidence and is deemed abandoned."
EXPLANATION / SCOPE
Pleadings alone without supporting evidence are deemed abandoned and cannot be accepted as proof. A party must adduce evidence to substantiate pleaded facts. The principle applies to all civil proceedings. The rule prevents judgment based on mere allegations. The court will disregard unproven pleadings. The party bears the burden of proving what has been pleaded.
