LEGAL PRINCIPLE: ISLAMIC LAW – Procedure – Grant of Reliefs Limited to Claims before the Court
PRINCIPLE STATEMENT
A court is only entitled to decide the issues raised on the claims before it and has no jurisdiction to decide matters not in issue.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Jatau v. Mailafiya (1998) NLC-2151994(SC) at p. 18; Paras A–B.
"A court is only entitled to decide the issues raised on the claims before it and has no jurisdiction to decide matters not in issue."
EXPLANATION / SCOPE
Courts must confine themselves to the claims presented. The principle applies to all courts. The rule ensures fair hearing. The parties define the scope of litigation. The court cannot grant relief not sought or decide matters not raised. The principle is fundamental to civil procedure. The appellate court will set aside decisions on unclaimed reliefs.