EVIDENCE – Evidence on Unpleaded Facts – Effect of evidence led on facts not pleaded

10/07/2024

“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.”

Per LEWIS, JSC in NATIONAL INVESTMENT & PROPERTIES CO. LTD V. THE THOMPSON ORGANISATION LTD (1969) LCER-503(SC) (Pp 6 – 6 Paras C – D)