LEGAL PRINCIPLE: CIVIL PROCEDURE — Reliefs — Determination of Reliefs Premature at Interlocutory Stage
PRINCIPLE STATEMENT
A relief may be granted, refused, or struck out by a court of law or tribunal at the end of the trial in its judgment, and not before.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at pp. 14–15; Paras E–A.
"A relief may be granted, refused or struck out by a court of law or tribunal at the end of the trial in its judgment. And not before."
EXPLANATION / SCOPE
Reliefs are determined at the final judgment stage. The principle applies to civil procedure. Interlocutory rulings should not finally determine reliefs. The rule ensures that parties have a full trial before reliefs are decided. The court cannot strike out reliefs prematurely. The principle is well-established.
