LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Inherent Jurisdiction – Court May Grant Appropriate Relief Not Expressly Prayed For
PRINCIPLE STATEMENT
While courts should not generally grant relief not claimed by a party, there is nothing wrong in a court, in the exercise of its inherent power, granting a party relief which in the circumstances they are entitled to.
RATIO DECIDENDI (SOURCE)
"While it is my view that a court should not generally grant to a party a relief not claimed by that party, there is nothing wrong in a court, in the exercise of its inherent power, to grant to a party a relief which, in the circumstances of the case that party is entitled to."
EXPLANATION / SCOPE
Courts possess inherent jurisdiction to grant appropriate relief even if not specifically claimed, provided: (1) the relief flows from facts proved and issues tried; (2) the relief is one the party is entitled to based on the case presented; (3) granting it wouldn’t prejudice the opponent who had opportunity to address the underlying issues. This narrow exception to the rule against granting unclaimed relief prevents technical injustice where pleadings don’t request all appropriate remedies but evidence and arguments support them. It doesn’t permit courts to award relief on issues not tried or raise new grounds sua sponte. The inherent power ensures that parties receive justice they’ve established entitlement to, even if their formal prayers don’t precisely request it. Courts must exercise this carefully, ensuring opponents aren’t surprised or prejudiced.