LEGAL PRINCIPLE: EVIDENCE LAW — Pleadings — Unpleaded Fact — Evidence Going to No Issue
PRINCIPLE STATEMENT
Reference to a fact that was not pleaded goes to no issue and ought to be ignored.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ajukwara & Ors v. Izuoji & Ors (2002) NLC-151998(SC) at p. 10; Paras B–C.
"Clearly under the law, reference to Anyaoha by P.W.1 which was not pleaded went to no issue and ought to have been ignored."
EXPLANATION / SCOPE
Evidence on unpleaded facts is irrelevant. The court must ignore such evidence. The principle ensures that parties have notice of the case to meet. The opposing party cannot be taken by surprise. The court will not admit evidence on matters not pleaded. If admitted erroneously, it must be disregarded. The rule applies to both oral and documentary evidence. The party must amend the pleadings to introduce new facts. The principle is fundamental to civil procedure. The court’s decision must be based on pleaded and proved facts. The appellate court will strike out findings based on unpleaded evidence. The rule promotes fairness and orderly litigation.