PLEADINGS – Allegation of Fraud – Whether the Court can be invited to find fraud as proved where same was not pleaded

“Where fraud has not been pleaded, it is well settled that neither party may invite the court to find it proved, and there are even stronger objections to the court’s doing so uninvited.”

Per LIONEL BRETT, JSC in USEN V. BANK OF WEST AFRICA LTD (1965) LCER-346(SC) (Pp 5 – 5 Paras D – E)
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