"The mere fact that the DW1 stated in cross examination that the land was sold by private treaty but later stated that the sale was by public auction when shown Exhibit C17 is of no moment. This is because there was no pleading and no issue as to whether the sale was by private treaty or by public auction. Thus the evidence elicited from DW1 in cross-examination in that regard went to no issue. In the case of Lamurde Local Government v. Karka (2010) 10 NWLR (Pt. 1203) 574, 591, it was held that once facts are not pleaded and issues joined, no evidence can be led including under crossexamination on the aspects not pleaded. See also Ojoh v. Kamalu (2006) 136 LRCN 1130, 1158."

Per EKANEM, J.C.A. IN HAPPY LAND HAPPY WORLD LTD v. UNION BANK & ORS CITATION: (2017) LPELR-43564(CA)