CHIEFTAINCY LAW — Declaratory Action — Nature and Requirements
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 14; Paras C—E:
"A declaratory action is discretionary in that by such action, a plaintiff prays the Court to declare an existing state of affairs in law in his favour as may be discernible from the averments in the statement of claim. A person claiming such right must show the existence of a legal right subsisting and in future and that the right is contested. What would entitle a plaintiff to a declaration is a claim which a Court is prepared to recognize and if validly made, it is prepared to give legal consequences to."
Explanation / Scope
This principle establishes that a declaratory action is discretionary and requires the plaintiff to show a subsisting legal right that is contested. The court must be prepared to recognize the claim and give it legal consequences. The principle applies in declaratory actions. It ensures that declarations are only granted where a legal right exists. The principle reflects the requirements for declaratory relief. It prevents declarations without legal basis. The court must be satisfied of the right. The principle provides guidance on declaratory actions.