"It is trite law that parties and the court are bound by the pleadings of the parties and the court cannot base its judgment on a matter or fact not...
Explore NLC Curated Legal Principles
CIVIL PROCEDURE — Pleadings — Parties Bound by Pleadings — Evidence at Variance with Pleadings
"It is a settled principle of our law that parties are bound by their pleadings. It is also the duty of counsel to object to inadmissible evidence, but if despite...
"If the plaintiffs did not plead traditional evidence as indicated above, it would be futile considering any evidence in that line as such evidence would go to no issue and...
JURISDICTION — Customary Courts — Substance over Form — No Pleadings Filed in Customary Courts
"It cannot be over-emphasised that the form of an action in customary courts must not be stressed where the issue involved is clear. The law is long settled that it...
"In a civil action tried on pleadings, parties and the court are bound by their pleadings filed in the case. And they will not be allowed to set up cases...
"The settled law is that all equitable defences must be pleaded fully and with due particularity."
"All the facts of the purchase were clearly averred in the statement of defence for the court to see. The trial court made good use of the facts pleaded. Court...
"In my view, the court below was clearly in error to hold that the appellant did not make sufficient pleading. It was clear that the appellant was bona fide purchaser...
"It seems to me consistent with principle that evidence led during cross-examination on issues joined is not inadmissible, merely because such evidence is not supported by the pleading of the...
"A reply to an averment in a statement of defence is only necessary, if such averment has not been taken care of by the averments of facts in the statement...
"Under the rules of pleading the appellants are deemed to have admitted that fact. See Adeleke v. Aserifa (1986) 3 NWLR (Pt. 30) 575."
"It is the law that a fact not denied is deemed to be admitted."