It is a very well established principle that the object of courts is to decide the rights of parties and not to punish them for the mistake they or their counsel may make in the conduct of their cases or appeals by deciding otherwise than in accordance with their rights.
– Oputa JSC. Obiora v. Osele (1989) – SC.70/1987
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I think it should be regarded as settled by a long line of decided cases that the Courts do not normally punish a litigant for mistakes of his counsel. But in my opinion, the Court will not regard this as a universal talisman, the waiver of which will act as a panacea in all cases, the Courts must be satisfied not only that the allegation of the … of Counsel is true and genuine but also it is availing having regard to the circumstances of the particular case.
– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017
A party who is not competently before the Court is incapable of filing applications. The incompetence of the application fatally affected the ruling of the trial Court appealed against. – SAULAWA, JCA. Eshiet v. Effiong (2018)
It is trite that parties against whom complaints are made in an action must be made parties to such action. – Mohammed JSC. Awoniyi v. AMORC (2000)
In this regard, the law is long and well settled that where a plaintiff claims, say, a declaration of title to land or whatever, and his claim is dismissed, it will be wrong to grant the declaration to the defendant if he did not ask for it by way of counter-claim. See: Ntiaro v. Akpam 3 N.L.R. 10; Abisi v. Ekwealor (1993) 6 NWLR (Pt. 302) 643 etc. As has been pointed out repeatedly by this and other courts, courts of law are no father Christmas and they must not grant to a party a relief which he has not sought or claimed or which is more than he has claimed. see: Ekpenyong v. Nyong (1975) 2 S.C. 71 at 81-82.
– Iguh JSC. Awoniyi v. AMORC (2000)
From the above it is clear that the parties are not agreed on what happened in ward 9, Sabagreia. They have therefore, joined issues on their pleadings. So, what is the legal evidence adduced on both sides in proof of the facts as each party asserted them?
— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99
By Section 83(3) of the Evidence Act 2011, documents are inadmissible in Court where the maker is an interested person and had made the documents when the proceedings are pending or anticipated.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
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