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COURT SHOULD NOT AWARD RELIEFS NOT CLAIMED BY PARTIES

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DUMEZ (NIG) LTD VS NWAKAOBA & ORS. (2009) 12 S.C.M. (PT 2) 504 at 517 – 518 where the Supreme Court held that:- “It is both fundamental and elementary principle in the determination of actions before a court or tribunal, that the adjudicating body is bound to limit itself to the claims before it. A court may indeed make incidental orders which flow naturally from the relief claimed. However a court has no power and is not under any circumstances entitled to award a relief not claimed by the party in the writ of summons and the statement of claim.”

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reliefs

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 seeking the declaratory relief. See Anyanru v. Mandilas Ltd (2007) 4 SCNJ and Chukwumah v. S.P.D.C (Nigeria) Ltd., (1993) LPELR – 864 SC. It invariably therefore means that a declaratory relief cannot be granted in the absence of any evidence or where the evidence led is unsatisfactory. A declaratory relief such as what was sought by the plaintiff is discretionary. If a substantial question exists to which one person has a real interest to raise, and the other to oppose, then the Court has a discretion to resolve it by a declaration which it will exercise if there is a good reason for so doing. It is the form of judgment which should be granted only when the Court is of the opinion that the party seeking it is, when all facts are taken into consideration, fully entitled to the exercise of the Court’s discretion. The power of the Court to make a declaration where it is a question of defining rights of two parties is only limited by its own discretion. The discretion should of course be exercised judicially, but it seems to me that the discretion is very wide. See Ibeneweka v. Egbuna and Ors., (1964) 1 WLR 210.

— S.J. Adah, JCA. Luck Guard v. Adariku (2022) – CA/A/1061/2020

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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 a party a remedy he has not asked for. If it does so, it cannot escape the accusation of playing “father Christmas” to one party visa-vis the other. See: Nigerian Housing Development Society Ltd. v. Mumuni (1977) 2 S.C. 57, at p. 81; Ekpenyong & Ors. v. Nyong & Ors. (1975) 2 S.C. 71, at p. 80.

— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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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 granted, even on admission. See Emenike v. PDP (2012) All FWLR (Pt. 640) 1261, (2012) LPELR – SC 443/2011 at 27- G;Dumez Ltd v. Nwakhoba (2008) 18 NWLR (Pt. 1119) 361 at 373 – 374, (2009) All FWLR (Pt. 461) 842; Ucha v. Elechi (2012) 13 NWLR (Pt. 1317) 230. The 1st and 2nd respondents herein failed to establish the allegation of non-compliance with the provisions of the Electoral Act in the manner enjoined by this court in Ucha v. Elechi , polling unit by polling unit. Voters registers were tendered in respect of only 11 out of 23 Local Government Areas and were not demonstrated before the tribunal.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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DECLARATORY RELIEFS ARE NOT GRANTED WITHOUT PROOF

✓ 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).

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DECLARATORY RELIEF IS AN EQUITABLE RELIEF

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)

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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 saying this is based on the submission of the learned counsel representing the Appellant where in he seriously argued that the claim of the Respondent should come under special damages. This I believe does not lie in his mouth. The Court and the Court alone has the vires to determine what a litigant is entitle to. All the litigant need do is to ask. In this case the Respondent asked for general damages and adduced evidence on the pleaded facts in that direction. The Court in his wisdom awarded the relief sought.

— M.N. Oniyangi JCA. Presentation National High School & Ors. v. Ogbebor (CA/B/105/2012, 17 MAY 2018)

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