Ratio Decidendi

Per Mahmud Mohammed, JSC, in Ibator & Ors v. Barakuro & Ors (2007) NLC-123-243-2001(SC) at p. 7; Paras C–D:

"Courts do not make the habit of granting relief not claimed by a party."

Explanation / Scope

A court cannot grant a relief that a party has not asked for. This principle is fundamental to the adversarial system. The court’s role is to adjudicate on the claims presented, not to create claims for parties. Granting unclaimed relief would amount to the court descending into the arena of litigation and acting as an advocate. The principle ensures parties are in control of their case and the court does not exceed its jurisdiction.

Cases Applying This Principle