The law is well settled that notwithstanding the difficulty of discerning absolute truth by the mechanism of litigation and judicial discernment hinged upon evidence before the Court and irrespective of the imperfections of men, the litigation process is aimed at finding out the truth according to law and therefore, a party worthy of favorable consideration of the Court must endeavor to be consistent in both the facts he pleads and the evidence he leads in proof of those facts. A party will not therefore, be allowed to present at the trial evidence which are inconsistent with the case he has pleaded. See Ajide v. Kelani (1985) 3 NWLR (Pt. 12) 248; Ezemba v. Ibeneme (2009) 14 NWLR (Pt 789) 623.
— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014