CIVIL PROCEDURE — Issues for Determination — Parties Bound by Case Presented
Ratio Decidendi
Per Tabai, JSC, in Associated Discount House Ltd v. Amalgamated Trustees Ltd No 2 (2007) NLC-123-289-2002(SC) at p. 10; Paras C–D:
"It is settled law that parties are bound by the case they presented to the court and the issues raised thereby for trial. Similarly the court is bound to limit itself to the case presented and the issues raised by the parties."
Explanation / Scope
This principle embodies the adversarial nature of civil litigation. The court’s role is to adjudicate on the disputes presented, not to formulate new cases for the parties. A party cannot succeed on a case not pleaded or seek relief not claimed. Similarly, the court cannot base its decision on issues not raised or evidence not tendered. The only exceptions are fundamental issues of jurisdiction or pure points of law arising from the record. The principle ensures fairness, prevents surprise, and maintains the integrity of the pleadings.