LEGAL PRINCIPLE: CIVIL PROCEDURE — Orders of Court — Court May Grant Application in Part and Dismiss Remainder
PRINCIPLE STATEMENT
The court has the power to grant an objection in part and refuse it in part. An application can succeed partially.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at p. 15; Paras C–D.
"The court has the power to grant the objection in part and refuse it in part. That is the position here. The tribunal as I said never dismissed the objection which had succeeded in part."
EXPLANATION / SCOPE
A court may grant an application in part and dismiss the remainder. The principle applies to civil procedure. The court has discretion to make partial orders. The rule reflects judicial flexibility. The applicant cannot complain that the entire application was not granted. The principle is well-established.
