LEGAL PRINCIPLE: CIVIL PROCEDURE — Costs — Grant of Relief Not Claimed — Court Without Power to Award
PRINCIPLE STATEMENT
A court is without power to award to a claimant what he does not claim and/or prove. A court in civil cases does not make a case which the party has not made for itself.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ogoyi v. Umagba (1995) NLC-1401991(SC) at pp. 9–10; Paras. E–A.
"It is true that there was no counter-claim filed by either of the defendants. The trial court was in error in granting the 1st respondent a relief which he never claimed. A court is without power to award to a claimant what he does not claim and/or prove as the court in civil cases does not make a case which the party has not made for itself. See Ajayi v. Texaco Nigeria Ltd. (1987) 3 NWLR (Pt.62) 577 at 593; Ekpeyong & Ors. v. Nyong & Ors. (1975) 2 S.C. 71 at 80 and Akinbobola v. Plisson Fisko (1991) 1 NWLR (Pt.167) 270."
EXPLANATION / SCOPE
A court cannot grant relief not claimed. The principle applies to all civil proceedings. The parties define the reliefs sought. The court cannot make a case for a party. The rule ensures fair hearing. The defendant must know the reliefs claimed. The court will set aside unclaimed reliefs. The party may amend the claim if necessary.