LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Reliefs – Court Has No Power to Grant Unclaimed or Excess Reliefs
PRINCIPLE STATEMENT
It is settled law that a court is without power to award to a party that which he has not claimed or which is more than he has claimed.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Odukwe v. Ogunbiyi (1998) NLC-2801991(SC) at p. 22; Paras B–C.
"It is settled law that a court is without power to award to a party that which he has not claimed or which is more than he has claimed."
EXPLANATION / SCOPE
Courts cannot grant unclaimed relief. The principle ensures fair hearing. The defendant must know the case to meet. The rule applies to all courts. The court cannot exceed its jurisdiction. The parties define the scope of relief. The principle is fundamental to civil procedure. The appellate court will set aside orders granting unclaimed relief. The court may allow amendment to claim additional relief.
