LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Counter-Claim – Court Not a Father Christmas
PRINCIPLE STATEMENT
The court is not a Father Christmas. It does not award what a party has not claimed. A party cannot obtain relief without a counter-claim.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Yusuf v. Oyetunde (1998) NLC-651992(SC) at p. 21; Paras A–C.
"The submission by the plaintiffs that there was no counter-claim by the 2nd defendant for the return of the purchase money paid ... is well founded. ... The court is not a Father Christmas. It does not award what a party has not claimed."
EXPLANATION / SCOPE
Courts cannot award unclaimed relief. A defendant must file a counter-claim to obtain affirmative relief. The principle applies to all civil proceedings. The court cannot grant what is not prayed for. The rule ensures fair hearing. The principle is fundamental.
CASES APPLYING THIS PRINCIPLE
None recorded.