LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Parties and Court Bound by Pleadings
PRINCIPLE STATEMENT
Neither the Judge nor the parties are permitted to go outside the pleading relied upon by the parties. In a negligence action, a plaintiff must plead and establish the duty of care, the facts founding that duty, and the breach.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Royal Ade Nigeria Ltd. & Anor v. National Oil and Chemical Marketing Company Plc (2004) NLC-32000(SC) at p. 14; Paras C–D.
"Now it is elementary and settled that neither the Judge nor the parties are permitted to go outside the pleading relied upon by the parties. In an action based on the tort of negligence a plaintiff to succeed must in addition to pleading and establishing the particulars of negligence relied on state and establish the duty of care owed to him by the defendant the facts upon which this duty is founded and the breach of that duty."
EXPLANATION / SCOPE
Courts and parties are bound by the pleadings; they cannot go outside them. In negligence actions, duty of care, founding facts, and breach must be pleaded and established. The principle applies to civil procedure. The rule ensures parties have notice of the case to meet. Evidence outside the pleadings goes to no issue. The court cannot base its decision on unpleaded matters.
