The Appellant having so formulated and claimed the desired paregoric as the relief from the Court, the Court, the Appellant and all the parties became bound by the relief as framed as it is not the duty of the Court to grant any relief outside what had been claimed.
– Ogakwu, J.C.A. Fijabi v. FBN (2021)
SHARE ON
It must be emphasized that declaratory reliefs are not given just for the asking. A party seeking declaratory relief must satisfy the court by cogent and proven evidence that he is entitled to such declaration. It cannot be proved half way. Where parties, as in this case, are in agreement that the land in dispute is a family land or originally founded by a family, any party who claims exclusive ownership of the land or part thereof must fail unless he is able to plead and prove by evidence how that exclusive ownership or title devolves on him.
– Denton West JCA. Salaja v. Salaja (2013)
Declaratory relief is an equitable relief and whenever a court is asked to grant declaratory relief, the court is bound to apply equity in granting the same.
– Musdapher, JSC. Atta v. Ezeanah (2000)
I find this contention as highly misconceived and this is because a relief does not in law stand in isolation from the averments of the party seeking the reliefs and in my view relief no. 6 is rather clearly in tandem with the averment in paragraph 39 of the 1st – 4th Respondent Statement of Claim to the effect that the transaction between the 2nd-4th Respondents and the 1st Respondent in respect of their shares in the 5th Respondent was one of consolidation of their shares for effective management by the 1st Respondent.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
Besides, a declaratory claim, as in the present case, is a discretionary remedy which shall be refused where the plaintiff fails to establish his alleged entitlement to the satisfaction of the court.
– Iguh, JSC. Clay v. Aina (1997)
Let me say in this ruling that it is only necessary to consider the facts A deposed to by parties in their affidavit evidence and counsel’s argument with respect to only prayer 7 as respondent’s counsel is not opposing prayers 1, 2, 3, 4, 6 and 8. Appellant/applicant’s counsel had also indicated that he was not pursuing prayers 5, 9 and 10.
— Oguntade, JSC. UBA v BTL (SC. 301/2003, 15 April 2005)
✓ In IKUMA v. CIVIL SERVICE COMMISSION BENUE STATE & ORS (2012) LPELR-8621(CA) held that: “Declaratory reliefs are not granted as a matter of course but on credible evidence lead. This is so even where the other partly admits the claims. See David Fabunmi Vs Agbe (1985) 1NWLR (pt.2) 316.” Per TSAMIYA, J.C.A. (P. 22, para. A.
✓ For want of emphasis, the court in OYETUNJI v. AWOYEMI & ORS (2013) LPELR-20226(CA) also held that: “In line with the general burden of proof as stated above, it is equally trite that in a claim for a declaratory relief a claimant must succeed on the strength of his own case and not on the weakness of the defence unless there is an aspect of the defendant’s case that supports his case. See: Mogaji v. Cadbury Nig. Ltd. (1985) 2 NWLR (7) 393 @ 429 D – E; Kodilinye v. Odu (1936) 2 WACA 336 @ 337; Onwugbufor v. Okoye (1996) 1 NWLR (424) 252; Shittu v. Fashawe (2005) 14 NWLR (946) 671.” Per KEKERE-EKUN, J.C.A. (as she then was) (P. 34, paras. C-E).
Click the icons to like, follow, and join JPoetry