CIVIL PROCEDURE — Reliefs — Grant of Relief Not Explicitly Claimed — Court’s Power to Supply Omitted Particulars from Evidence
Ratio Decidendi
Per Musdapher, JSC, in Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC) at pp. 5–6; Paras A–C:
"A careful reading of the judgment and the reliefs claimed by the respondents constitutes no difference between the two. The learned trial judge did not award anything other than damages for trespass as claimed and the perpetual injunction also claimed. The mere fact that the land trespassed has been more particularized in the judgment is of no moment. The learned trial judge did not grant any other relief such as title to the land. The judgment only awarded damages for trespass and the injunction claimed."
Explanation / Scope
Explanation/Scope:
A court may supply omitted particulars of a claimed relief from evidence without thereby granting a relief not claimed. The key is whether the substance of the relief remains unchanged. Where a plaintiff claims damages for trespass and an injunction, the court can specify the land more precisely in its judgment using evidence on record. This does not amount to granting a new or unclaimed relief, such as a declaration of title.