CIVIL PROCEDURE — Grant of Relief — Court Cannot Grant Relief Not Sought — Order of Service Out of Jurisdiction Suo Motu
Ratio Decidendi
Per Tabai, JSC, in Agip (Nigeria) Ltd v. Agip Petroleum International & Ors (2010) NLC-351-2002(SC) at p. 65; Paras B–D:
"The settled principle of law is that the Court cannot grant a relief not claimed. The trial court was therefore in error to order the service of the processes on the 1st Respondent at its registered office in Amsterdam. None of the ex parte motions sought any relief for service of the 1st Respondent at its registered office in Amsterdam. The trial court granted a relief never sought."
Explanation / Scope
This principle establishes that a court cannot grant a relief not sought by the parties. Where a party seeks service out of jurisdiction, it must be specifically prayed for. The principle applies where a court orders service out of jurisdiction suo motu (on its own motion). It ensures that courts adjudicate only on issues properly brought before them. The principle reflects the adversarial nature of proceedings. It prevents courts from making orders beyond the scope of the application. The court must confine itself to reliefs claimed. The principle provides guidance on the limits of judicial power.