CIVIL PROCEDURE — Pleadings — Unpleaded evidence — Inadmissibility of evidence not pleaded
Ratio Decidendi
Per Ogbuagu, JSC, in Sapo & Anor v. Sunmonu (2010) NLC-123-314-2001(SC) at p. 22, paras. B–C:
"It is trite law that evidence not pleaded is inadmissible and goes to no issue. Such evidence, if mistakenly taken, ought to and should in fact be ignored by the Judge in coming to his conclusion in the matter before him."
Explanation / Scope
This principle establishes that evidence not pleaded is inadmissible and goes to no issue. If mistakenly admitted, it should be ignored by the judge. The principle applies in all civil proceedings. It ensures that evidence is tied to pleadings. The principle reflects the importance of pleadings. It prevents parties from introducing unpleaded evidence. The court must ignore unpleaded evidence. The principle provides guidance on the admissibility of unpleaded evidence.