LEGAL PRINCIPLE: EVIDENCE LAW – Pleadings and Evidence – Evidence Contrary to Pleadings Is Inadmissible and Must Be Discountenanced
PRINCIPLE STATEMENT
Evidence contrary to pleadings should never be admitted. Even if admitted without objection, it is the court's duty to treat it as if it had never been admitted when giving judgment.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Ndukwe v. Acha (1998) NLC-2221991(SC) at pp. 5–6; Paras A–D.
"A plaintiff must call evidence to support his pleadings, and evidence which is in fact adduced which is contrary to his pleadings should never be admitted. It makes no difference… that the other side did not object to the evidence or that the judge did not reject it… if notwithstanding this evidence is still through oversight or otherwise admitted then it is the duty of the court when it comes to give judgment to treat the inadmissible evidence as if it had never been admitted."
EXPLANATION / SCOPE
Evidence at variance with pleadings is inadmissible. The court must disregard it even if admitted without objection. The principle ensures that parties are bound by their pleadings. The court cannot allow a party to prove a different case. The rule applies to both oral and documentary evidence. The opposing party’s failure to object does not cure the defect. The court has a duty to exclude inadmissible evidence. The principle is fundamental to civil procedure. The appellate court will set aside decisions based on such evidence.