Ratio Decidendi

Per Musdapher, JSC, in APGA & Anor v. Umeh & Ors (2011) NLC-123-21-2010(SC) at p. 8; Paras B—C:

"It was the appellants who asked the court to decide and pronounce on the issue. … the appellants, having asked the court for the relief in the manner it was couched …, cannot now claim that nobody prayed for it."

Explanation / Scope

This principle establishes that a party who asks the court to decide and pronounce on an issue cannot later complain that no one prayed for it. The principle applies where parties challenge reliefs. It ensures that parties are bound by their claims. The principle reflects the principle that a party cannot approbate and reprobate. It prevents parties from denying their own claims. The court must hold parties to their pleadings. The principle provides guidance on claims for declaration.

Cases Applying This Principle