Ratio Decidendi

Per Onnoghen, JSC, in Ojiogu v. Ojiogu (2010) NLC-123-235-2004(SC) at p. 20; Paras B–C:

"Equally settled is the principle that facts relevant to the proof of an issue in contention must be pleaded by the party intending to rely on same before any evidence can be adduced thereon. However, where such relevant fact is not pleaded any evidence given in proof of same is said to go to no issue. In the instant case, if it was the intention of the respondents to rely on the principle of repugnancy, it was their duty to have pleaded facts to ground the said principle which they failed to do. It is not enough to say that appellant was born seven (7) years after the death of his purported father and that since it is naturally impossible for the late husband of Margaret to be the father; the custom that deemed him father is repugnant to natural justice, equity and good conscience. The party relying on that principle must not only plead facts to show how repugnant the custom is but must also adduce evidence to establish the repugnancy."

Explanation / Scope

This principle establishes that facts relevant to an issue must be specifically pleaded before evidence can be adduced. Unpleaded facts go to no issue. The party relying on a principle must plead facts to ground it and adduce evidence. The principle applies where issues are raised. It ensures that parties are not taken by surprise. The principle reflects the requirement for proper pleadings. It prevents reliance on unpleaded facts. The court must require specific pleadings. The principle provides guidance on the need to plead facts.

Cases Applying This Principle