LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Parties Bound by Pleadings — Evidence at Variance with Pleadings
PRINCIPLE STATEMENT
Parties are bound by their pleadings and cannot set up a different case. Evidence at variance with pleadings goes to no issue and must be disregarded.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Spasco Vehicle and Plant Hire Company Limited v. Alraine (Nigeria) Limited (1995) NLC-1641989(SC) at pp. 9–10; Paras. D–A.
"The parties are bound by their pleadings and shall not be permitted to set up a different case from that contained in their pleadings, and evidence which is at variance with the averments in the said pleadings goes to no issue and should be disregarded or discountenanced by the court. Evidence must be directed and confined to the proof or disproof of the issues as settled by the pleadings."
EXPLANATION / SCOPE
Parties are strictly bound by their pleadings. Evidence that does not correspond to the pleadings is irrelevant. The court must disregard such evidence. The principle ensures fair notice and prevents surprise. The party must amend the pleadings to introduce new facts. The rule applies to both plaintiffs and defendants. The court will not allow a party to prove a different case from what was pleaded. The principle is fundamental to civil procedure. The court’s decision must be based on pleaded and proved facts. The appellate court will set aside decisions based on unpleaded evidence.