PRINCIPLE STATEMENT

Material facts must be pleaded; evidence led on any matter not pleaded goes to no issue and ought to be disregarded. One must first show that a fact existed before proving what it did.

RATIO DECIDENDI (SOURCE)

Per Kutigi, JSC, in Ojiako v. Ewuru (1995) NLC-1031992(SC) at p. 10; Paras. A–C.
"Material facts (and not the evidence by which to prove material facts) ought to be pleaded and that evidence led on any matter not pleaded goes to no issue and ought to be disregarded. The evidence that Ekpe wall separated compounds was clearly not material to the proof that the Ekpe wall in fact existed. One must first show that the wall existed before looking at what it did."
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EXPLANATION / SCOPE

Material facts must be pleaded. Evidence on unpleaded facts is irrelevant and must be disregarded. The principle ensures fair notice. The opposing party must know the case to meet. The court cannot consider unpleaded matters. The rule applies to all civil proceedings. The party must amend the pleadings to introduce new facts. The principle is fundamental to civil procedure. The court will not allow a party to prove a different case from what was pleaded.

CASES APPLYING THIS PRINCIPLE

None recorded.