LEGAL PRINCIPLE: CIVIL PROCEDURE – Reliefs – Court Cannot Grant Unclaimed Reliefs – No Father Christmas Principle
PRINCIPLE STATEMENT
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. 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.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Awoniyi v. Registered Trustees of the Rosicrucian Order, AMORC (2000) NLC-1821999(SC) at p. 17; Paras C–E.
"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. 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."
EXPLANATION / SCOPE
No explanation provided.