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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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 (2021)

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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

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OMNIBUS RELIEF IS WORTHLESS

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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COURT SHOULD NOT AWARD RELIEFS NOT CLAIMED BY PARTIES

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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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

DECLARATORY RELIEF IS A DISCRETIONARY REMEDY

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

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COURT IS BOUND WITHIN THE RELIEFS CLAIMED

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

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OMNIBUS RELIEF IS WORTHLESS

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COURT SHOULD NOT AWARD RELIEFS NOT CLAIMED BY PARTIES

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

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