"Secondly Exhibit D was not relied upon by the Appellants in the Court below. Indeed their Counsel objected to its reception in evidence. A party should be consistent in the...
Explore NLC Curated Legal Principles
"It is beyond dispute that parties are bound by their pleadings and evidence which is at variance with the averments in the pleadings goes to no issue and should be...
"A party relying on evidence of traditional history must plead his root of title. He must show in his pleading and evidence, who those ancestors of his are and how...
"If evidence is at variance with the pleading, such evidence will have no value. It will be discountenanced because it is contrary to the issues joined and therefore goes to...
"Assuming that there was a previous grant by customary law which the 1951 agreement was evidencing, the said customary law together with its incident should have been specifically pleaded and...
CIVIL PROCEDURE – Pleadings – Effect of Unpleaded Facts – Irrelevance of Unpleaded Allegations
"It is crystal clear and beyond peradventure that the parties unpleaded facts go to no issue: similarly, evidence led at trial not anchored on the parties' pleadings must be discountenanced."
"It is undoubtedly trite that parties are bound by their pleadings."
"A trial Judge in deciding a case must keep strictly to the pleadings of the parties and must not, even when the interest of justice so demands, stray away from...
"It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues raised on the pleadings....
"It must be borne in mind that the essence of proceedings under Order 10 is to summarily and expeditiously give judgment to a plaintiff where it is crystal clear that...
"The record shows that the plaintiff did not specifically ask in its prayer for an injunction against passing off. And it is trite law that our courts cannot grant to...
"The main function of pleadings is to ascertain with as much certainty as possible the various matters that are actually in dispute and those in which there are agreement between...