LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Plaintiff Must Prove Claim as Pleaded
PRINCIPLE STATEMENT
The burden is on the plaintiff to prove his case as averred in his pleadings.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Savannah Bank of Nigeria Plc v. Opanubi (2004) NLC-1542000(SC) at p. 20; Paras E–E.
"The burden is on the plaintiff to prove his case as averred in his pleadings."
EXPLANATION / SCOPE
The plaintiff bears the burden of proving the case as pleaded. Evidence must correspond to the averments in the pleadings. The principle applies to all civil proceedings. The rule prevents reliance on unpleaded facts or different cases. The plaintiff cannot succeed on a case not pleaded. The court is bound by the plaintiff’s pleaded case.
