LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Matters Not Pleaded — Court Cannot Base Decision on Unpleaded Issues
PRINCIPLE STATEMENT
Parties to any action are bound by their pleadings, and anything outside the pleadings cannot be considered; a judgment that depends completely on matters not pleaded cannot stand.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Igbinokpogie & Anor v. Ogedegbe (2001) NLC-1081991(SC) at p. 13; Paras A–C.
"It is well established now that parties to any action in court are bound by their pleadings and anything outside the pleadings cannot be considered. I therefore find that the Court of Appeal was wrong in acting upon evidence on matters not pleaded and since the judgment of that court was completely dependent upon their finding that the respondent had earlier obtained approval for the grant of the land in dispute to him by the Oba of Benin, it cannot stand."
EXPLANATION / SCOPE
A court cannot base its decision on matters not pleaded. The parties define the scope of litigation through their pleadings. Evidence on unpleaded matters goes to no issue. If a judgment depends entirely on an unpleaded fact, it must be set aside. The principle ensures fair notice and prevents surprise. The opposing party must know the case to meet. The court cannot fill gaps in pleadings by sua sponte reliance on unpleaded matters. The rule applies to both trial and appellate courts. The appellate court will strike out findings based on unpleaded facts. The principle is fundamental to civil procedure.
