Ratio Decidendi

Per Aderemi, JSC, in Akinduro v. Alaya (2007) NLC-123-296-2002(SC) at pp. 12–13; Paras D–A:

"The court does not make a practice of granting a relief not sought. … Having held and rightly in my view, that the claim for declaration failed, any pronouncement by the court below that the appellant in that court was duty bound to hand over a plot to the respondent in that court, now the appellant, has no support in law."
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Explanation / Scope

This principle establishes that a court cannot grant relief not sought by the parties. The court is bound by the claims as formulated in the pleadings. Where a claim for declaration fails, the court cannot make ancillary pronouncements not requested. The principle ensures that parties define the issues and the court adjudicates only those issues. It prevents courts from making orders beyond the scope of the litigation. The court must confine itself to the reliefs claimed. The principle applies in all civil proceedings. Any order made without a claim is invalid and liable to be set aside.

Cases Applying This Principle

Pastor J. Akinlolu Akinduro v. Alhaji Idris Alaya