CIVIL PROCEDURE — Pleadings — Duty of Court Not to Go Outside Pleadings
Ratio Decidendi
Per Ogbuagu, JSC, in Chabasaya v. Anwasi (2010) NLC-123-238-2004(SC) at p. 13, paras. C–E:
"The court itself is much bound by the pleadings of the parties as they are by themselves. It is not part of the duty or function of the court to enter upon any inquiry with the case before it other than to adjudicate upon specific matters in dispute, which the parties themselves have raised by their pleadings. Indeed the court would be acting contrary to its own character and nature if it were to pronounce upon any claim or defence not made by the parties."
Explanation / Scope
This principle establishes that the court is bound by the pleadings of the parties and cannot adjudicate on matters not raised in the pleadings. The principle applies in civil proceedings. It ensures that the court confines itself to the issues joined. The principle reflects the adversarial nature of proceedings. It prevents courts from pronouncing on claims or defences not made. The court must limit itself to the pleadings. The principle provides guidance on the duty of the court regarding pleadings.