LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction of court – Power to award less than amount claimed
PRINCIPLE STATEMENT
It is trite law that a court of law may enter judgment for less and never for more than a plaintiff has claimed.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Metal Construction (W.A.) Ltd. v. Aboderin (1998) NLC-1741994(SC) at p. 14; Paras D–E.
"It is trite law that a court of law may enter judgment for less and never for more than a plaintiff has claimed."
EXPLANATION / SCOPE
Courts may award less but not more than claimed. The principle applies to all civil proceedings. The rule protects the defendant from surprise. The court cannot exceed its jurisdiction. The principle is fundamental. The plaintiff cannot recover more than prayed. The rule is well-established.