LEGAL PRINCIPLE: CIVIL PROCEDURE – Consequential Orders – Nature and Purpose – Not Available for Fresh Unclaimed Reliefs
PRINCIPLE STATEMENT
A consequential order is an order which flows necessarily, naturally, directly and consequentially from a decision or judgment delivered by a court in a cause or matter. It arises logically and inevitably by reason of the fact that the order in question is per force obviously and patently consequent upon the decision given by the court and did not need to be specifically claimed as a distinct or separate head or item of relief. The purpose of a consequential order is to give effect to the decision or judgment of the court but not by granting an entirely new, unclaimed and/or incongruous relief which was not contested by the parties at the trial.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Awoniyi v. Registered Trustees of the Rosicrucian Order, AMORC (2000) NLC-1821999(SC) at p. 18; Paras B–D.
"A consequential order is an order which flows necessarily, naturally, directly and consequentially from a decision or judgment delivered by a court in a cause or matter. It arises logically and inevitably by reason of the fact that the order in question is per force obviously and patently consequent upon the decision given by the court and did not need to be specifically claimed as a distinct or separate head or item of relief. The purpose of a consequential order is to give effect to the decision or judgment of the court but not by granting an entirely new, unclaimed and/or incongruous relief which was not contested by the parties at the trial."
EXPLANATION / SCOPE
Consequential orders flow necessarily and inevitably from a judgment—they give effect to what was decided. They do not require separate claim because they are logically and patently consequent upon the relief granted. However, courts cannot use consequential orders to grant entirely new, unclaimed, or incongruous reliefs not litigated or contested. The power is to implement, not to expand, the judgment. Consequential orders are ancillary to reliefs granted, not substitutes for unclaimed substantive reliefs. This prevents courts from exceeding their jurisdiction by awarding unclaimed remedies under the guise of consequential orders.