CIVIL PROCEDURE — Pleadings — Rotation of Chieftaincy — Necessity of Pleading Fact of Rotation
Ratio Decidendi
Per Onnoghen, JSC, in Adekeye & Ors v. Adekeye & Ors (Consolidated) (2010) NLC-123-216-2003(SC) at p. 12, para. D – p. 13, para. A:
"It is settled law that parties and the court are bound by the pleadings filed in a matter. For facts needed to establish a right to a relief to be relevant, it has to be pleaded by the party seeking to rely on same to establish his claim or right to relief. It is after the relevant fact is pleaded that evidence would be admissible to establish the existence of that fact... Where, however, a court relies on evidence on facts not pleaded, an appellate court has the duty to set aside any finding/holding resulting from that reliance."
Explanation / Scope
This principle establishes that parties and the court are bound by pleadings, and facts necessary to establish a right to relief must be pleaded before evidence can be adduced. Where a court relies on evidence of facts not pleaded, an appellate court must set aside any finding resulting from that reliance. The principle applies in all civil proceedings. It ensures that issues are properly joined. The principle reflects the importance of pleadings. It prevents courts from deciding on unpleaded facts. The court must confine itself to pleaded facts. The principle provides guidance on the necessity of pleading material facts.