OKE-BOLA & ORS
V.
MOLAKE

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In this appeal, certain submissions were made which impel us to re-state generally the rules governing pleadings to which this court had in several appeals drawn attention as guidelines. It is a settled principle, that where a trial is conducted on the basis of pleadings, a judgment of the trial court shall be based on issues raised or joined in such pleadings. Legal evidence given, which is not referable to the pleadings should not be admitted because it goes to no issue, and where admitted inadvertently, should be ignored and expunged from the record for the purpose of making findings of fact. Along with this settled principle is that which affects a rival party who has admitted the ownership by the other party of a property claimed; effect should be given to such admission not only in regard to the admitted fact but also its legal consequences; as in this case, the burden of proof shifts from one party to the other. The form…