LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Court’s Duty — Court Cannot Make a Case for the Parties
PRINCIPLE STATEMENT
A court should not and cannot make a case for the parties different from what they set out in their pleadings. It is not open to the court to use a document for a purpose not intended by the parties unless attention is drawn by a party, and the court must invite all parties to address it on the point before making a decision.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ishola v. UBN Ltd (2005) NLC-1251996(SC) at p. 9; Paras C–D.
"It is trite law that a court should not and cannot make a case for the parties different from what they set out in their pleadings... It is not open to the court to use the document other than for the purpose not intended by the parties as pleaded unless the attention of the court is drawn by any of the parties before it to do so. And even in that case, the court must invite all the parties before it to address it on the point before making a decision on it."
EXPLANATION / SCOPE
Courts cannot construct a case for parties different from their pleadings. Documents cannot be used for purposes not intended by the parties without notice and hearing. The principle applies to civil procedure. The rule ensures that parties control their own cases. The court must invite addresses before departing from pleaded purposes. Fair hearing requires notice of any new use of evidence.
