LEGAL PRINCIPLE: CIVIL PROCEDURE — Reliefs — Granting Unclaimed Reliefs — Court Must Not Grant Relief Not Sought
PRINCIPLE STATEMENT
It is settled law that a court must not grant to a party a relief which he has not sought or which is more than he has claimed.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ndulue v. Ibezim & Anor (2002) NLC-1831997(SC) at p. 16; Paras D–E.
"It is settled law that a court of law must not grant to a party a relief which he has not sought or which is more than he has claimed."
EXPLANATION / SCOPE
A court cannot grant relief not prayed for by the parties. The court is bound by the reliefs claimed. Granting unclaimed relief exceeds jurisdiction. The principle ensures fair hearing—the defendant must know the reliefs sought. The court cannot suo motu expand the scope of the case. Even if the court believes the relief is justified, it cannot grant it without a prayer. The proper course is to invite amendment. The rule applies to both trial and appellate courts. The principle is fundamental to civil procedure. The court will set aside any order granting unclaimed relief. The parties define the scope of litigation.
