LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Reliefs – Court Cannot Grant Unclaimed Relief
PRINCIPLE STATEMENT
The record shows that the plaintiff did not specifically ask in its prayer for an injunction against passing off. And it is trite law that our courts cannot grant to a plaintiff a remedy which he has not claimed.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Dyktrade Ltd. v. Omnia (Nig.) Ltd. (2000) NLC-571995(SC) at pp. 15–16; Paras E–A.
"The record shows that the plaintiff did not specifically ask in its prayer for an injunction against passing off. And it is trite law that our courts cannot grant to a plaintiff a remedy which he has not claimed."
EXPLANATION / SCOPE
Courts are bound by the reliefs claimed in the plaintiff’s pleadings. Granting a remedy not specifically prayed for is ultra vires, as it exceeds the court’s jurisdiction over the case presented. This rule ensures fairness—defendants must know the exact relief sought to prepare their defence. It also prevents surprise judgments. The court cannot infer or imply unclaimed reliefs, no matter how appropriate they may seem. Any judgment granting unclaimed relief is liable to be set aside. This principle reinforces that parties define the scope of litigation through their pleaded claims.