Where evidence of the plaintiff is completely at variance with or contrary to the facts averred and relied upon in the pleading, the claim will obviously fail and stand to be dismissed. This is so particularly because it is now settled that parties are bound by their pleading and evidence which is at variance with or contrary to the averments in the pleading, goes to no issue and should be disregarded by the Court. [1]
[1]Iliya and another v Lamu and another (2019) LPELR-47048(CA) 21 paras A-D.