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August 15, 2019 8:37 am
‘The law is clear, which is that, a court cannot base his decision on a document not pleaded or evidence not given on it. Evidence given over a document not pleaded in law comes to no issue and similarly document pleaded upon which no evidence is adduced is deemed abandoned. See; Igbodim & Ors vs. Obianke & Ors (1976) 9-10 SC (reprint 108; Ilodibia vs. Nigeria Cement Company Ltd, (1997) LPELR 1494 (SC); Nkuma vs Odili NSCQR Vol. 25 (2006) 687; Gbadamosi Olorunfemi & Ors vs. Chief Rafiu Asho NSCQLR Vol. 1 (2000) 431.”
By PER E. TOBI,J.C.A in the case of