Ratio Decidendi

Per Tabai, JSC, in Orunengimo v. Egebe (2007) NLC-123-254-2002(SC) at pp. 11–12; Paras D–A:

"The parties in a case and the court are bound by the issues submitted for trial and remain so bound from the court of trial to the final appellate court. An issue not raised in the pleadings and therefore not tried at the court of trial cannot be raised at the Appellate court through the ingenuity of counsel."
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Explanation / Scope

Pleadings define the scope of litigation. They give fair notice to the opposing party and enable the court to focus on the real issues. An issue that is not pleaded is not part of the case and cannot be tried or decided. On appeal, the court cannot entertain a ground that introduces a new issue not litigated below. Counsel cannot, through clever drafting, introduce fresh matters on appeal. The only exceptions are pure points of law or issues going to jurisdiction. The principle ensures procedural fairness and prevents prejudice to the opposing party.

Cases Applying This Principle

Chief Gibson Pencyl Orunengimo v. Madam Margaret Egebe