LEGAL PRINCIPLE: CIVIL PROCEDURE – Judgments – Court Has No Jurisdiction to Make Orders Not Pleaded or Prayed For
PRINCIPLE STATEMENT
Court has no jurisdiction to make an order which has not been pleaded or prayed for by a litigant; such order is wrong and will be annulled on appeal. See Elumeze v. Elumeze (1969) 1 All NLR 311. A trial Judge should not import in his judgment issues not properly raised at the trial. Adebisi v. Oke (1967) NMLR 64. A trial Judge, in deciding a case, must not, even when the interest of justice so demands, stray from the pleadings. See Dipcharima v. Alli (1974) 12 SC 45. The finding and the declaration that the respondent 'is the district head of Ile-Ire in Ifelodun Local Government of Kwara State' was made without any jurisdiction and must be annulled as it was not a matter which was prayed for nor a matter which was pleaded.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Fabiyi v. Adeniyi & Ors (2000) NLC-1161994(SC) at pp. 4–5; Paras C–A.
"Court has no jurisdiction to make an order which has not been pleaded or prayed for by a litigant; such order is wrong and will be annulled on appeal. See Elumeze v. Elumeze (1969) 1 All NLR 311. A trial Judge should not import in his judgment issues not properly raised at the trial. Adebisi v. Oke (1967) NMLR 64. A trial Judge, in deciding a case, must not, even when the interest of justice so demands, stray from the pleadings. See Dipcharima v. Alli (1974) 12 SC 45. The finding and the declaration that the respondent 'is the district head of Ile-Ire in Ifelodun Local Government of Kwara State' was made without any jurisdiction and must be annulled as it was not a matter which was prayed for nor a matter which was pleaded."
EXPLANATION / SCOPE
Courts lack jurisdiction to grant orders not pleaded or prayed for. Such orders are wrongful and annulled on appeal. Even the interest of justice cannot justify straying from pleadings. The parties define the scope of litigation through their pleadings and prayers. A court cannot import issues not raised or grant relief not claimed. This principle ensures fair hearing—parties must know the case they must meet and the reliefs sought against them. Any judgment granting unpleaded reliefs or making unpleaded declarations is a nullity.