LEGAL PRINCIPLE: CIVIL PROCEDURE – Costs – Relief Not Claimed – Jurisdiction to Grant Relief Not Sought by Plaintiff
PRINCIPLE STATEMENT
It is trite law that the court is without the power to award to a claimant that which they did not claim; this principle of law has, time and again, been stated and re-stated by this court that it seems there is no longer any need to cite authorities in support of it; this proposition of the law is not only good law, but good sense; a court of law may award less, and not more than what the parties have claimed; a fortiori, the court should never award that which was never claimed or pleaded by either party; it should always be borne in mind that a court of law is not a charitable institution; its duty, in civil cases, is to render unto everyone according to their proven claim.
RATIO DECIDENDI (SOURCE)
"It is trite law that the court is without the power to award to a claimant that which he did not claim. This principle of law has, time and again, been stated and re-stated by this court that it seems to us that there is no longer any need to cite authorities in support of it. We take the view that this proposition of the law is not only good law, but good sense. A court of law may award less, and not more than what the parties have claimed. A fortiori, the court should never award that which was never claimed or pleaded by either party. It should always be borne in mind that a court of law is not a charitable institution; its duty, in civil cases, is to render unto everyone according to his proven claim."
EXPLANATION / SCOPE
This fundamental principle limits courts to relief claimed. Rule: Court cannot award: what claimant didn’t claim, more than claimed, or anything unclaimed/unpleaded. Courts may: Award less than claimed (partial relief), dismiss claim, or grant within claimed scope. Courts cannot: Award more than claimed, grant different relief, or award unclaimed matters. “Trite law” means: so well-established citation unnecessary, fundamental principle, and universally recognized. “Good law, good sense” means: legally correct and practically sensible. Why good sense: (1) Defendant entitled to notice of claim—knows case to meet; (2) Courts aren’t charitable—don’t grant gifts; (3) Parties define dispute—courts resolve claims made; (4) Fairness—defendant defends against actual claims, not potential claims. “Render according to proven claim” means: court’s role is assessing claimed relief on evidence, not inventing new relief. “Not charitable institution” means: courts don’t bestow favors, grant windfalls, or give parties more than sought. This serves: adversarial system (parties control claims), fair notice (defendants know what’s claimed), and judicial restraint (deciding claims made, not making new ones). Exception: Consequential orders (Principle 619)—naturally flow from judgment without claim. Violation: granting unclaimed relief violates: fair hearing (defendant unprepared), adversarial principle (parties define disputes), and judicial role (resolving not creating claims). This principle is foundational to civil procedure.