LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Scope of Claim – Party Limited to Reliefs Set Out in Pleadings
PRINCIPLE STATEMENT
The rules of pleadings dictated by common sense and fair play make it imperative to limit the claims of a party to those set out in his or its writ of summons or statement of claim or those which are set out in their amended pleadings.
RATIO DECIDENDI (SOURCE)
"The rules of pleadings dictated by common sense and fair play make it imperative to limit the claims of a party to those set out in his or its writ of summons or statement of claim or those which are set out in their amended pleadings."
EXPLANATION / SCOPE
Parties are limited to reliefs set out in their writ of summons, statement of claim, or amended pleadings. Common sense and fair play require this limitation. The court cannot grant relief not pleaded. The opposing party must know the case to meet. Departure from pleaded reliefs violates fair hearing. The principle applies to all claims—substantive and ancillary. Amendments are the proper vehicle to add new reliefs. The court will not allow parties to obtain reliefs they never requested. The scope of the claim defines the scope of the court’s adjudication. The principle prevents surprise and ensures orderly litigation. Parties must be precise in stating their reliefs.
Parties are limited to reliefs set out in their writ of summons, statement of claim, or amended pleadings. Common sense and fair play require this limitation. The court cannot grant relief not pleaded. The opposing party must know the case to meet. Departure from pleaded reliefs violates fair hearing. The principle applies to all claims—substantive and ancillary. Amendments are the proper vehicle to add new reliefs. The court will not allow parties to obtain reliefs they never requested. The scope of the claim defines the scope of the court’s adjudication. The principle prevents surprise and ensures orderly litigation. Parties must be precise in stating their reliefs.