EVIDENCE LAW — Pleadings — Evidence at Variance with Pleadings — Inadmissibility
Ratio Decidendi
Per Onnoghen, JSC, in Civil Design Construction Nig. Ltd v. SCOA Nigeria Limited (2007) NLC-123-216-2001(SC) at p. 31; Paras C–E:
"It is trite law that evidence on a fact not pleaded grounds to no issue, where admitted such evidence is strictly inadmissible in law primarily as it is not relevant - if it were, it ought to have been pleaded."
Explanation / Scope
Evidence led on facts not pleaded is inadmissible because it goes to no issue between the parties. The purpose of pleadings is to define the issues for trial, and parties are bound by their pleadings. A party cannot lead evidence on facts not pleaded, even if the opposing party does not object. The court will disregard such evidence as irrelevant.