CIVIL PROCEDURE — Pleadings — Variance Between Pleadings and Evidence — Effect of Evidence at Variance with Averments
Ratio Decidendi
Per Fatayi-Williams, JSC (as he then was), in Emegokwue v. Okadigbo (1973) 8 N.S.C.C. 220 at pp. 222; Paras A–C, cited in Yusuf v. Adegoke & Anor (2007) NLC-123-15-2002(SC):
"It is trite law, and we have repeated it on many occasions, that parties are bound by their pleadings and that any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by court."
Explanation / Scope
Pleadings define the boundaries of the trial. Evidence on matters not pleaded is irrelevant and cannot support a judgment. Conversely, a party cannot succeed on a case not pleaded, even if the evidence accidentally covers it. This rule ensures fair notice to the opposing party and prevents trial by ambush. The court must confine itself to the issues joined on the pleadings.