LEGAL PRINCIPLE: CIVIL PROCEDURE – Scope of judgment – Court cannot grant unclaimed relief
PRINCIPLE STATEMENT
A court is without power to grant to a party a relief or remedy which he has not claimed or which is more than he has sought.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ezeakabekwe v. Emenike (1998) NLC-851991(SC) at p. 17; Para A.
"A court is without power to grant to a party a relief or remedy which he has not claimed or which is more than he has sought."
EXPLANATION / SCOPE
Courts cannot grant unclaimed relief. 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 principle is fundamental.