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OMNIBUS RELIEF IS WORTHLESS

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In Oye v. Gov. of Oyo State (1993) NWLR Pt. 306, 437 at 452, the Court held thus: “The omnibus relief ‘such further or other orders as this honorable Court may deem necessary to make in the circumstances’ does not constitute a specific or known prayer and is therefore worthless as it is not the business of the Court to tell an applicant what relief he may contemplate but not seek.”

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reliefs

A COURT SHOULD NOT GRANT TO A PARTY RELIEF NOT ASKED FOR

He could not, rightly have raised it himself in his judgment and without hearing the parties proceeded to strike out the case on that ground. It is of material significance that counsel for the defence never asked for such a remedy. I cannot over-emphasize the fact that on no account should a court give to...

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DECLARATIVE RELIEFS MUST BE PROVED; EVEN ADMISSION CANNOT MAKE IT SUCCEED

It will be recalled that the 1st and 2nd respondents sought declaratory reliefs before the tribunal. The law is that where a party seeks declaratory reliefs, the burden is on him to succeed on the strength of his own case and not on the weakness of the defence (if any). Such reliefs will not be...

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DECLARATORY RELIEF CANNOT BE GRANTED WITHOUT EVIDENCE

A declaratory relief implies a declaration by the Court of the action, cause or right of the parties before the Court. It is the law that declaratory reliefs are not granted as a matter of course and on a platter of gold. They are only granted when credible evidence has been led by a person...

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DECLARATORY RELIEF IS A DISCRETIONARY REMEDY

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) Was this dictum helpful? Yes 0 No 0...

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APPLICANT CAN ASK FOR ALTERNATIVE RELIEFS BY SEEKING EXTENSION OF TIME TO APPEAL

The first issue is whether this application constitutes an abuse of Court process? I do not think that the present application constitutes an abuse of Court process. It is true that the applicant had earlier in its reply brief contended that the 1st, 2nd, 3rd, 4th 5th, 7th and 8th Grounds of Appeal in its...

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IT IS THE PLAINTIFF THAT DICTATES TO THE COURT WHAT RELIEF HE WANTS, AND THE COURT DETERMINES

I have always believed that it is the prerogative of a Plaintiff to dictate the reliefs he or she is seeking from the Court. It is the Court that also has the power to award to a Plaintiff what he believed is justifiable based on the evidence before it and the law. Why I am...

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