LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Issues for Determination – Court Bound by Pleadings
PRINCIPLE STATEMENT
The parties and the court are bound by the parties' pleadings. Therefore, while the parties must keep within them, in the same way but put in other words, the court must not stray away from them to commit itself upon issues not properly before it.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adeniran v. Alao & Anor (2001) NLC-901995(SC) at pp. 4–5; Paras E–A.
"The parties and the court are bound by the parties' pleadings. Therefore, while the parties must keep within them, in the same way but put in other words, the court must not stray away from them to commit itself upon issues not properly before it."
EXPLANATION / SCOPE
Both parties and the court are bound by the pleadings. Parties must keep within their pleadings; the court must not stray away to decide issues not properly before it. The court cannot introduce new issues sua sponte without hearing parties. The principle ensures fair hearing and prevents surprise. The court’s decision must be confined to issues raised in the pleadings. Unpleaded issues cannot form the basis of a judgment. The rule is fundamental to adversarial litigation. The court cannot make a case for a party. The parties define the scope of the dispute through their pleadings. The court adjudicates only what is presented. Departure from pleadings renders the decision invalid.
