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 not pursuing prayers 5, 9 and 10.
— Oguntade, JSC. UBA v BTL (SC. 301/2003, 15 April 2005)
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✓ 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).
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
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.”
As rightly submitted by the Petitioners, the reliefs in this Petition, which I have reproduced at the beginning of this judgment, are undoubtedly sought in the alternative. The settled law is that reliefs can be sought in the alternative and where so sought by a party, he is at liberty to plead conflicting facts in line with the alternative reliefs he has sought. In ADIGHIJE V NWAOGU & ORS (2010) 12 NWLR (Pt. 1209) 419 at 545, paras. E G; (2010) LPELR-4941(CA) at pages 14 – 16, paras. E G, this Court, per Ogunwumiju, JCA (as he then was, now JSC), held that: “…in civil litigation and indeed in election matters, a party can make two seemingly contradictory pleadings leading to two different heads of claim. That is why a petitioner can claim that the election be annulled for reason of substantial non-compliance and in the same breath claim that he won the election by a majority of lawful notes. A petitioner may plead the same set of facts to ground alternative reliefs. Those pleadings are not ipso facto held to be self-contradictory. The Court can only grant one relief as the party must decide which relief is best supported by the evidence on record.” See also: METAL CONSTRUCTION (W.A.) LTD v ABODERIN (1998) LPELR 1868(SC) at pages 26, paras. C E.
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023
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 the Supreme Court, 1979). See- GUARANTY TRUST CO. OF NEW YORK v. HANNAY (1915) 2 KB. 536.
– A.G. Irikefe JSC. AG Kaduna State v. Hassan (1985) – SC.149/1984
It must be emphasized that declaratory reliefs are not given just for the asking. A party seeking declaratory relief must satisfy the court by cogent and proven evidence that he is entitled to such declaration. It cannot be proved half way. Where parties, as in this case, are in agreement that the land in dispute is a family land or originally founded by a family, any party who claims exclusive ownership of the land or part thereof must fail unless he is able to plead and prove by evidence how that exclusive ownership or title devolves on him.
– Denton West JCA. Salaja v. Salaja (2013)
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