LEGAL PRINCIPLE: CIVIL PROCEDURE — Reliefs — Court Cannot Grant Unclaimed Remedy
PRINCIPLE STATEMENT
It is settled law that a court cannot grant to a plaintiff a remedy which has not been claimed and established by the pleading and the evidence respectively. The Court has no power to do so.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in International Messengers Nig. Ltd v. Nwachukwu (2004) NLC-1322000(SC) at p. 13; Paras A–B.
"It is settled law that a court cannot grant to a plaintiff a remedy which has not been claimed and established by the pleading and the evidence respectively. The Court has no power to do so."
EXPLANATION / SCOPE
A court cannot grant a remedy not claimed in the pleadings or established by evidence. The court has no power to do so. The principle applies to all civil proceedings. The plaintiff is bound by his pleadings. The rule prevents surprises and ensures fair hearing. The court must confine itself to remedies properly sought and proved.