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
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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)
I find this contention as highly misconceived and this is because a relief does not in law stand in isolation from the averments of the party seeking the reliefs and in my view relief no. 6 is rather clearly in tandem with the averment in paragraph 39 of the 1st – 4th Respondent Statement of Claim to the effect that the transaction between the 2nd-4th Respondents and the 1st Respondent in respect of their shares in the 5th Respondent was one of consolidation of their shares for effective management by the 1st Respondent.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
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)
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)
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.”
A Court has no jurisdiction to grant a relief not claimed or more than the claimant can prove, but can grant less than is claimed. See Ogunyade v Oshunkeye (2007) 7 SCNJ p. 170; Ezeonwu v Onyechi (1996) 2 SCNJ P…; AG. Cross River State v AG of the Federation (2005) ALL NLR p. 44.
— O. Rhodes-Vivour, JSC. Bakari v. Ogundipe (2020) – SC.514/2015
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