LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Incidents of Pledge Must Be Pleaded
PRINCIPLE STATEMENT
Beyond alleging that the land in dispute was pledged land, nothing was said of the incidents of the pledge and how it was established. It follows that all the evidence led with regard to those facts went to no issue. They should therefore have been disregarded by the trial court.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC Anyanwu & Anor v. Iwuchukwu (2000) NLC-594(SC) at p. 9; Paras. C–D.
"Beyond alleging that the land in dispute was pledged land, nothing was said of the incidents of the pledge and how it was established. It follows that all the evidence led with regard to those facts went to no issue. They should therefore have been disregarded by the trial court."
EXPLANATION / SCOPE
This principle reinforces the mandatory pleading requirement for customary pledges. Where a party merely alleges a pledge without pleading its incidents—such as the terms, parties, consideration, or customary rules governing it—the pleading is fundamentally defective. Consequently, any oral or documentary evidence led on the pledge lacks a proper foundation in the pleadings and must be disregarded. The trial court is duty-bound to exclude such evidence from its consideration. This strict rule prevents parties from springing surprises at trial and ensures that customary law claims are properly particularized.