The law is trite and held as very elementary that parties are bound by their pleadings and cannot make out a different case on appeal which is alien to that stated at the trial Court. The observation in that respect was rightly made by the lower Court and I so endorse.
— C.B. Ogunbiyi, JSC. Ibrahim v. Obaje (2017) – SC.60/2006
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It is trite law that parties are bound by their pleadings: See Obimiami Brick and Stone (Nig.) v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260. The essence of pleadings is to compel the parties to define accurately and precisely the issues upon which the case between them is to be fought to avoid element of surprise by either party. It also guides the parties not to give evidence outside the facts pleaded as evidence on a fact not pleaded goes to no issue – see Onwuka v. Omogui (1992) 3 NWLR (Pt.230) 393; Emegokwue v. Okadigbo (1973) 4 SC 113.
— Katsina-Alu JSC. Engineer Bayo Akinterinwa & Anor V. Cornelius Oladunjoye (SC.98/94, 7 April 2000)
Paragraphs in pleadings are not read in isolation but read together to obtain the total story of the parties. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)
It is still the law that where a defendant fails to deny specifically an allegation of fact in the Statement of Claim and a denial cannot be reasonably inferred from the defendant’s pleadings that fact will be taken as admitted and therefore regarded as established at the hearing without further proof.
– Onnoghen JCA. Union Bank v. Akinrinmade (1999)
It is for the above position of the law that I bear in mind that issue of facts on which the parties are ad idem would require no further proof and are taken as having been duly established. It is also the law that facts admitted by either party of the averments of the other party also need no further proof. It is equally well accepted that facts in a pleading of one party which are not specifically traversed but are generally or evasively traversed are also deemed as having been admitted by the other party. It is basic but a fundamental principle of law that parties are bound by their pleadings. See also Hashidu v. Goje 2 EPR P. 790 @ p. 836. See also Oversea Construction Company Nig. Ltd. v. Creek Enterprises Nig. Ltd(1985) 3 NWLR (Pt. 407) 40; Adesoji Aderemi v. Adedire (1966) NMLR 398; Nnameka Emegokwue v. James Okadigbo (1973) 4 SC 113; Woluchem v. Gudi (1981) 5 SC 291; Iwuoha v. NIPOST (2003) 8 NWLR (Pt. 822) 308; Akpapuna and Ors v. Obi Nzeka and Ors (1983) 2 SCNLR 1, (1983) 7 SC 1; Omoboriowo v. Ajasin EPR (Vol 3) 488 @ 511; Iniama v. Akpabio (2008) 17 NWLR (Pt. 1116) 225 @ p. 309.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
A party is bound by his pleading at the trial and cannot make a case different from this pleadings. This is because the object of pleading is to appraise the opposing party of the case the pleader is making so as to avoid any surprise at the hearing and to ascertain the issue or issues in controversy between the parties with a view to enabling each party settle before hand, the evidence it shall adduce at the hearing. Similarly, a court only gives to a party what he claims by way of pleading. In this case the trial court was right in not declaring Exhibits 1 and D1 null and void as this fact was not pleaded by the appellant. [Olaopa v. O.A.U. Ile-Ife (1997) 7 NWLR (Pt. 512) 204 at page 225;Aderenii v. Adedire (1966) NMLR 398; A. C. 8. Ltd v. A. G. Northern Nigeria (1967) NMLR 231; Albion Const. Co. Ltd v. Rao Invest. AND Pro. Ltd (1992) 1 NWLR (Pt. 219) 583; Bakare v. L.S.C.C. (1992)8NWLR(Pt.262)641;Balogun v. Oshunkoya (1992) 3 NWLR (Pt. 232) 827]
– L.A. Ayanlere v. Federal Mortgage Bank of Nig. Ltd. (1998) – CA/K/186/96
As the parties are adversaries, each one is bound by his case as framed in his pleadings. That being so, the Defendant/Appellant will not be allowed to set up (at the hearing as he did) an entirely different case without any prior amendment to his pleadings: African Continental Seaways Ltd. v. Nigerian Dredging Roads General Works Ltd. (1977) 5 S.C. 235 at p.249.
— Oputa, JSC. Salawu Ajide V. Kadiri Kelani (SC.76/1984, 29 Nov 1985)
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