LEGAL PRINCIPLE: CIVIL PROCEDURE – Interlocutory Applications – Scope of Ancillary Reliefs – Ancillary Relief Must Fall Within Purview of Substantive Claim
PRINCIPLE STATEMENT
It is settled law which does not require citation of decided cases that any application for relief subsequent to the claim before the court shall be within the purview and scope of the claim. This is because a plaintiff is limited by his claim as expressed in his writ of summons and statement of claim. Any departure from the claim so endorsed and to make a new claim gives rise to a new cause of action in respect of which the jurisdiction of the court has not been invoked by the institution of an action. The jurisdiction of the court is determined by the claim of the plaintiff. This is why any ancillary relief must fall within the scope of the claim in the substantive action.
RATIO DECIDENDI (SOURCE)
"It is settled law which does not require citation of decided cases that any application for relief subsequent to the claim before the court shall be within the purview and scope of the claim. This is because a plaintiff is limited by his claim as expressed in his writ of summons and statement of claim. Any departure from the claim so endorsed and to make a new claim gives rise to a new cause of action in respect of which the jurisdiction of the court has not been invoked by the institution of an action. The jurisdiction of the court is determined by the claim of the plaintiff. This is why any ancillary relief must fall within the scope of the claim in the substantive action."
EXPLANATION / SCOPE
Ancillary reliefs must fall within the purview and scope of the substantive claim. The plaintiff is limited by the claim in the writ and statement of claim. Departure to make a new claim creates a new cause of action for which jurisdiction has not been invoked. Jurisdiction is determined by the plaintiff’s claim. Ancillary relief cannot exceed or contradict the substantive claim. The court cannot grant relief that is not connected to the original claim. This prevents plaintiffs from using interlocutory applications to introduce new claims without amending pleadings. The principle ensures that the court’s jurisdiction is properly invoked and that defendants are not surprised by unrelated reliefs. Ancillary means subordinate, not independent.