LEGAL PRINCIPLE: CIVIL PROCEDURE – Injunctions – Court Cannot Grant Relief Not Sought
PRINCIPLE STATEMENT
It is trite that a court must not grant to a party a relief which he has not sought or which is more than he has sought.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Falomo v. Banigbe (1998) NLC-1271995(SC) at p. 28; Paras B–C.
"It is trite that a court must not grant to a party a relief which he has not sought or which is more than he has sought."
EXPLANATION / SCOPE
A court cannot grant relief not prayed for. The principle ensures fair hearing. The defendant must know the case to meet. The rule applies to all courts. The court cannot exceed its jurisdiction. The parties define the scope of relief. The court may grant lesser relief but not different relief. The principle is fundamental to civil procedure. The appellate court will set aside orders granting unclaimed relief. The court may allow amendment to claim additional relief. The rule prevents surprise and injustice.