LEGAL PRINCIPLE: CIVIL PROCEDURE — Reliefs — Court Will Not Grant Relief Not Specifically Claimed
PRINCIPLE STATEMENT
It is elementary and settled law that a court will not normally grant any relief to a party which has not been specifically claimed.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Fatunbi & Anor v. Olanloye & Ors (2004) NLC-242000(SC) at p. 23; Paras B–C.
"It is elementary and settled law that a court will not normally grant any relief to a party which has not been specifically claimed."
EXPLANATION / SCOPE
Courts only grant reliefs that have been specifically claimed by parties. Unclaimed reliefs cannot be awarded. The principle applies to all civil proceedings. The rule prevents courts from surprising parties with unasked reliefs. The plaintiff’s claim defines the scope of possible remedies. A court exceeds its jurisdiction by granting unclaimed relief.
