LEGAL PRINCIPLE: CIVIL PROCEDURE – Judgment – Basis of Judgment – Requirement of Legal Evidence
PRINCIPLE STATEMENT
The judgment of a court must be based on all legal evidence before it; that is to say, on all that is pleaded and supported by clear evidence. Anything not pleaded goes to nothing; and anything given in evidence but not pleaded must be rejected as inadmissible evidence.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Obulor & Anor v. Oboro (2001) NLC-1321997(SC) at p. 4; Paras A–B.
"The judgment of a court must be based on all legal evidence before it; that is to say, on all that is pleaded and supported by clear evidence. Anything not pleaded goes to nothing; and anything given in evidence but not pleaded must be rejected as inadmissible evidence."
EXPLANATION / SCOPE
A judgment must be based on pleaded facts supported by clear evidence. Unpleaded matters count for nothing. Evidence not anchored in pleadings must be rejected as inadmissible—even if admitted without objection. The court cannot rely on unpleaded evidence. The principle ensures that parties are tried on the issues they joined. The court’s decision must flow from the pleadings and evidence consistent with them. The rule prevents trial by ambush. The court has a duty to disregard inadmissible evidence when giving judgment. The opposing party’s failure to object does not cure the defect. The court must enforce the pleadings rule sua sponte.
