LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Parties and Court Bound by Pleadings; Unpleaded Facts Go to No Issue
PRINCIPLE STATEMENT
Parties and the court are bound by the pleadings, and the court cannot base its judgment on a matter or fact not pleaded, as facts not pleaded ground to no issue.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Mamman v. Salaudeen (2005) NLC-1112001(SC) at p. 12; Paras D–E.
"It is trite law that parties and the court are bound by the pleadings of the parties and the court cannot base its judgment on a matter or fact not pleaded as facts not pleaded ground to no issue."
EXPLANATION / SCOPE
Courts and parties are bound by the pleadings. Unpleaded facts cannot support a judgment. The principle applies to civil procedure. Evidence on unpleaded facts goes to no issue.