CIVIL PROCEDURE — Pleadings — Material Facts v. Evidence — What Must Be Pleaded
Ratio Decidendi
Per Tabai, JSC, in Orunengimo v. Egebe (2007) NLC-123-254-2002(SC) at p. 11; Paras A–B:
"The main aim of pleading by a party is to give the opposing party a fair notice and thus alert him of the case he has to meet so as to enable him to prepare his own side of the case and thus avoid any element of surprise."
Explanation / Scope
This principle establishes that pleadings must contain material facts, not the evidence by which those facts are proved. The purpose is to give fair notice to the opponent, preventing surprise and ensuring a fair trial. A party cannot lead evidence on facts not pleaded. While amendments may be allowed, parties are generally bound by their pleadings.