LEGAL PRINCIPLE: CIVIL PROCEDURE – Declaratory Judgments – Standing – Order 22 Rule 5 of the High Court of Lagos State (Civil Procedure) Rules
PRINCIPLE STATEMENT
No action or proceeding shall be open to objection, on the ground that a mere declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed or not.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, quoting Order 22 Rule 5, in Owodunni v. Registered Trustees of Celestial Church of Christ (2000) NLC-1261995(SC) at pp. 33–34; Paras E–A.
"No action or proceeding shall be open to objection, on the ground that a mere declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed or not."
EXPLANATION / SCOPE
Order 22 Rule 5 explicitly permits actions seeking only declaratory relief. Such actions cannot be objected to solely on the ground that no consequential relief is claimed. Courts may make binding declarations of right even where consequential relief is not sought or could not be claimed. This provision encourages the use of declaratory judgments to resolve legal disputes without requiring parties to claim remedies they may not need. It reflects that declaring rights is itself a valuable judicial function that serves to clarify legal positions and prevent future disputes.