PRAYERS NOT OPPOSED IN A MOTION WILL MOVE IN SMOOTHLY

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

COURT IS BOUND WITHIN THE RELIEFS CLAIMED

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

DECLARATORY RELIEF WILL BE GRANTED WHERE THERE IS A BREACH

The claim to which the declaratory relief relates must be substantial – A declaration will only be granted where there is a breach. – Karibe-Whyte, JSC. Chukwumah v. SPDC (1993) Was this dictum helpful? Yes 0 No 0...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

DECLARATORY RELIEFS ARE MADE ONLY ON EVIDENCE AND NOT BY ADMISSION OF THE OTHER PARTY

The Law on the requirement to plead and prove his claim for declaratory reliefs on the evidence called by him without relying on the evidence called by the Defendant is well settled. The burden of proof on the Plaintiff in establishing declaratory reliefs to the satisfaction of the Court is quite heavy in the sense that such declaratory reliefs are not granted even on admission by the Defendants, where Plaintiff fails to establish his entitlement to the declaration by his own evidence … it has always been my experience and I believe it to be a long standing that the Court does not make declarations of rights either on admissions or in default of pleadings but only if the Court is satisfied by evidence.

— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017

Was this dictum helpful?

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

THE COURT MAY MAKE CONSEQUENTIAL RELIEF WHETHER SOUGHT OR NOT

It is still trite that ‘no action or other proceedings shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether or not any consequential relief is or could be claimed.’ Order 15 R. 16 (English Rules of...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

OMNIBUS RELIEF IS WORTHLESS

Reach more audience. Place advert here.

Was this dictum helpful?

PRAYERS NOT OPPOSED IN A MOTION WILL MOVE IN SMOOTHLY

COURT IS BOUND WITHIN THE RELIEFS CLAIMED

DECLARATORY RELIEF WILL BE GRANTED WHERE THERE IS A BREACH

DECLARATORY RELIEFS ARE MADE ONLY ON EVIDENCE AND NOT BY ADMISSION OF THE OTHER PARTY

Was this dictum helpful?

DECLARATORY RELIEF CANNOT BE GRANTED WITHOUT EVIDENCE

THE COURT MAY MAKE CONSEQUENTIAL RELIEF WHETHER SOUGHT OR NOT