LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Court Cannot Formulate Case for a Party
PRINCIPLE STATEMENT
A trial Judge in deciding a case must keep strictly to the pleadings of the parties and must not, even when the interest of justice so demands, stray away from the pleadings. The finding and declaration that the respondent 'is the district head of Ile-Ire in Ifelodun Local Government of Kwara State' was made without jurisdiction and must be annulled as it was not a matter which was prayed for nor a matter which was pleaded.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Fabiyi v. Adeniyi & Ors (2000) NLC-1161994(SC) at pp. 10–11; Paras D–A.
"A trial Judge in deciding a case must keep strictly to the pleadings of the parties and must not, even when the interest of justice so demands, stray away from the pleadings. The finding and declaration that the respondent 'is the district head of Ile-Ire in Ifelodun Local Government of Kwara State' was made without jurisdiction and must be annulled as it was not a matter which was prayed for nor a matter which was pleaded."
EXPLANATION / SCOPE
Courts cannot formulate a case for a party or stray from pleadings, even in the interest of justice. The parties define the issues; the court adjudicates them. A declaration not pleaded or prayed for is made without jurisdiction and must be annulled. This principle prevents courts from becoming advocates for parties or deciding unlitigated issues. Fair hearing requires that parties know and address all issues before the court. Straying from pleadings violates this right. The court’s role is to resolve disputes presented, not to create new ones.