In legal proceedings the parties, generally speaking, are the persons whose names appear on the record as plaintiffs or defendants.
– Oputa, JSC. Green v. Green (1987)
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But that notwithstanding, it must be borne in mind that an Appellant does not need the support of the Respondent to win his own appeal. He must succeed or fail, on the strength of his own brief and his own case. – Jonah Adah, 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)
Badmus v. Abegunde (1999) 11 NWLR (Pt. 627) 493, Onu, J.S.C. observed: “It is trite law that the court is without power to award to a claimant that which he did not claim. This principle of law has time and again, been stated and re-stated by this court that it seems to me that there is no longer any need to cite authorities in support of it. We take the view that the proposition of the law is not only good law but good sense. A court of law may award less, and not more than what the parties have claimed. A fortiori, the court should never award that which was not claimed or pleaded by either party. It should always be borne in mind that a Court of Law is not a charitable institution, its duty in civil cases is to render unto every one according to his proven claim.”
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)
In the instant case there is no averment that the authority of plaintiff’s Counsel to conduct the case on his behalf was withdrawn at any stage or limited by any general or specific instruction. Counsel to plaintiff therefore had throughout the conduct of the case general and apparent authority to conduct the case of the plaintiff in his discretion within his professional skill and in the best interest of the plaintiff. The consent of Counsel in the negotiation for settlement of the dispute out of court was with the consent of plaintiff. There was no averment that Counsel and the defendants were not ad idem, both in the terms of agreement to settle out of court and in entering the consent judgment in court. Plaintiff was therefore bound by whatever results from such negotiations.
– Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001)
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
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