LEGAL PRINCIPLE: APPELLATE PRACTICE — Standard of Review — Judgment Based on Facts Not Pleaded — Effect
PRINCIPLE STATEMENT
Where a trial judge makes a holding that is in effect making a different case for the plaintiff outside the parties' pleadings, such a holding is erroneous. A court cannot set up a new case for a party which they did not make for themselves.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Union Bank of Nigeria Limited v. Nwaokolo (1995) NLC-2171991(SC) at p. 19; Paras. A–C.
"Where a trial Judge makes a holding that is in effect making a different case for the plaintiff outside the parties' pleadings and thus at variance thereto, such a holding is erroneous. A court cannot set up a new case for a party which they did not make for themselves."
EXPLANATION / SCOPE
A court cannot base its judgment on facts not pleaded. The court cannot make a new case for a party. The principle applies to all courts. The parties define the issues through pleadings. The rule ensures fair hearing. The court must confine itself to pleaded facts. The appellate court will set aside judgments based on unpleaded facts.