LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Binding Nature of Issues Joined on Pleadings — Court Not to Formulate and Determine Issues Not Raised by Parties
PRINCIPLE STATEMENT
Courts are bound to decide only the case formulated on the pleadings of the parties. It is not within the office of a court to enter into any inquiry outside the pleadings or to adjudicate on any matter not put in issue by the pleadings.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Olatunji v. Adisa (1995) NLC-2361986(SC) at pp. 5–6; Paras. A–E.
"It is an essential principle of the rules of pleading in our adversary system of jurisprudence that each party is free to formulate his own case and once formulated he is bound by his pleadings and cannot be allowed without necessary amendment to urge a case differently from that formulated in his pleadings. The courts are bound to decide only the case formulated on the pleadings of the party. It is not within the office of a court to enter into any inquiry outside the pleadings or to adjudicate on any matter not put in issue by the pleadings."
EXPLANATION / SCOPE
Pleadings define the issues. The court cannot adjudicate on unpleaded matters. The principle ensures fair notice and prevents surprise. The parties are bound by their pleadings. The court cannot make a case for a party. The rule applies to all civil proceedings. The court may allow amendments. Evidence on unpleaded facts is inadmissible. The principle is fundamental to civil procedure.