PRINCIPLE STATEMENT

The position of the law is clear: facts pleaded in respect of which no evidence was led go to no issue.

RATIO DECIDENDI (SOURCE)

Per Katsina-Alu, JSC, in Olarewaju v. Afribank Nigeria Plc (2001) NLC-1091996(SC) at p. 7; Para A.
"The position of the law is clear. Facts pleaded in respect of which no evidence was led go to no Issue."
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EXPLANATION / SCOPE

This principle restates the fundamental rule of evidence: he who asserts must prove. Pleaded facts without supporting evidence are legally irrelevant. The court cannot base a decision on unproven allegations. The rule applies at all stages of litigation. The party must adduce admissible evidence to establish each material fact. Failure to do so results in those facts being disregarded. The principle prevents the court from speculating or filling gaps in a party’s case. The court will not assume facts not proved. The rule applies to both oral and documentary evidence. The party cannot rely on mere pleadings as evidence. The principle ensures that judgments are based on evidence, not allegations.

CASES APPLYING THIS PRINCIPLE