Judiciary-Poetry-Logo
JPoetry

DECLARATORY RELIEFS ARE MADE ONLY ON EVIDENCE AND NOT BY ADMISSION OF THE OTHER PARTY

Dictum

The Law on the requirement to plead and prove his claim for declaratory reliefs on the evidence called by him without relying on the evidence called by the Defendant is well settled. The burden of proof on the Plaintiff in establishing declaratory reliefs to the satisfaction of the Court is quite heavy in the sense that such declaratory reliefs are not granted even on admission by the Defendants, where Plaintiff fails to establish his entitlement to the declaration by his own evidence … it has always been my experience and I believe it to be a long standing that the Court does not make declarations of rights either on admissions or in default of pleadings but only if the Court is satisfied by evidence.

— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017

Was this dictum helpful?

SHARE ON

CONFLICTING FACTS CAN BE PLEADED WHERE ALTERNATIVE RELIEFS ARE SOUGHT

As rightly submitted by the Petitioners, the reliefs in this Petition, which I have reproduced at the beginning of this judgment, are undoubtedly sought in the alternative. The settled law is that reliefs can be sought in the alternative and where so sought by a party, he is at liberty to plead conflicting facts in...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

THE COURT MAY MAKE CONSEQUENTIAL RELIEF WHETHER SOUGHT OR NOT

It is still trite that ‘no action or other proceedings shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether or not any consequential relief is or could be claimed.’ Order 15 R. 16 (English Rules of...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

OMNIBUS RELIEF IS WORTHLESS

In Oye v. Gov. of Oyo State (1993) NWLR Pt. 306, 437 at 452, the Court held thus: “The omnibus relief ‘such further or other orders as this honorable Court may deem necessary to make in the circumstances’ does not constitute a specific or known prayer and is therefore worthless as it is not the business of the Court to tell an applicant what relief he may contemplate but not seek.”

Was this dictum helpful?

DECLARATORY RELIEFS MUST BE PROVED

It must be emphasized that declaratory reliefs are not given just for the asking. A party seeking declaratory relief must satisfy the court by cogent and proven evidence that he is entitled to such declaration. It cannot be proved half way. Where parties, as in this case, are in agreement that the land in dispute...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

COURT SHOULD NOT AWARD RELIEFS NOT CLAIMED BY PARTIES

DUMEZ (NIG) LTD VS NWAKAOBA & ORS. (2009) 12 S.C.M. (PT 2) 504 at 517 – 518 where the Supreme Court held that:- “It is both fundamental and elementary principle in the determination of actions before a court or tribunal, that the adjudicating body is bound to limit itself to the claims before it. A...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

COURT CANNOT GRANT A RELIEF NOT CLAIMED

A Court has no jurisdiction to grant a relief not claimed or more than the claimant can prove, but can grant less than is claimed. See Ogunyade v Oshunkeye (2007) 7 SCNJ p. 170; Ezeonwu v Onyechi (1996) 2 SCNJ P…; AG. Cross River State v AG of the Federation (2005) ALL NLR p. 44....

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
No more related dictum to show.