CIVIL PROCEDURE — Pleadings — Binding Effect of Pleadings and Evidence on Parties and Courts
Ratio Decidendi
Per Ogebe, JSC, in Skye Bank Plc & Anor v. Akinpelu (2010) NLC-123-38-2003(SC) at p. 3, para. C:
"All parties and the courts are bound by the pleadings and evidence."
Explanation / Scope
This principle establishes that all parties and the courts are bound by the pleadings and evidence in a case. The principle applies in all civil proceedings. It ensures that the court decides only on the issues raised and evidence adduced. The principle reflects the adversarial nature of proceedings. It prevents courts from going outside the pleadings and evidence. The court must confine itself to the pleadings and evidence. The principle provides guidance on the binding nature of pleadings and evidence.