LEGAL PRINCIPLE: CIVIL PROCEDURE — Reliefs — Granting of Unclaimed Reliefs
PRINCIPLE STATEMENT
It is trite law that the court is without the power to award to a claimant that which he did not claim.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in A.G., Ekiti State & Ors v. Daramola & Ors (2003) NLC-1002000(SC) at p. 54; Paras B–C.
"It is trite law that the court is without the power to award to a claimant that which he did not claim."
EXPLANATION / SCOPE
Courts cannot grant relief not claimed. The principle applies to all courts. The defendant must know the case to meet. The rule ensures fair hearing. The court cannot exceed its jurisdiction. The principle is fundamental.