LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Party Bound by Own Pleadings
PRINCIPLE STATEMENT
The respondents are bound by the pleadings and cannot at the trial be allowed by the Supreme Court or indeed any other court to set up a case different from pleadings at the trial.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Iheanacho & Ors v. Chigere & Ors (2004) NLC-1512000(SC) at p. 6; Paras B–C.
"The respondents are bound by the pleadings and cannot at the trial be allowed by the Supreme Court or indeed any other court to set up a case different from pleadings at the trial. See K. A. Onamade & Anor. v. African Continental Bank Ltd. (1997) 1 NWLR (Pt.480) 123 and Akaniwon v. Nsirim (1997) 9 NWLR (Pt.520) 255."
EXPLANATION / SCOPE
A party is bound by its pleadings and cannot set up a different case at trial. The principle applies to all civil proceedings. The court cannot allow a party to depart from its pleaded case. The rule ensures fairness and prevents surprise. The court must enforce the binding nature of pleadings. A party cannot contradict its own pleadings.