A RELIEF DOES NOT STAND IN ISOLATION TO AVERMENTS IN THE PLEADINGS

I find this contention as highly misconceived and this is because a relief does not in law stand in isolation from the averments of the party seeking the reliefs and in my view relief no. 6 is rather clearly in tandem with the averment in paragraph 39 of the 1st – 4th Respondent Statement of...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

A COURT SHOULD NOT GRANT TO A PARTY RELIEF NOT ASKED FOR

He could not, rightly have raised it himself in his judgment and without hearing the parties proceeded to strike out the case on that ground. It is of material significance that counsel for the defence never asked for such a remedy. I cannot over-emphasize the fact that on no account should a court give to...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

APPLICANT CAN ASK FOR ALTERNATIVE RELIEFS BY SEEKING EXTENSION OF TIME TO APPEAL

The first issue is whether this application constitutes an abuse of Court process? I do not think that the present application constitutes an abuse of Court process. It is true that the applicant had earlier in its reply brief contended that the 1st, 2nd, 3rd, 4th 5th, 7th and 8th Grounds of Appeal in its...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DECLARATORY RELIEFS ARE NOT GRANTED WITHOUT PROOF

✓ In IKUMA v. CIVIL SERVICE COMMISSION BENUE STATE & ORS (2012) LPELR-8621(CA) held that: “Declaratory reliefs are not granted as a matter of course but on credible evidence lead. This is so even where the other partly admits the claims. See David Fabunmi Vs Agbe (1985) 1NWLR (pt.2) 316.” Per TSAMIYA, J.C.A. (P. 22, para. A.
✓ For want of emphasis, the court in OYETUNJI v. AWOYEMI & ORS (2013) LPELR-20226(CA) also held that: “In line with the general burden of proof as stated above, it is equally trite that in a claim for a declaratory relief a claimant must succeed on the strength of his own case and not on the weakness of the defence unless there is an aspect of the defendant’s case that supports his case. See: Mogaji v. Cadbury Nig. Ltd. (1985) 2 NWLR (7) 393 @ 429 D – E; Kodilinye v. Odu (1936) 2 WACA 336 @ 337; Onwugbufor v. Okoye (1996) 1 NWLR (424) 252; Shittu v. Fashawe (2005) 14 NWLR (946) 671.” Per KEKERE-EKUN, J.C.A. (as she then was) (P. 34, paras. C-E).

Was this dictum helpful?

IT IS THE PLAINTIFF THAT DICTATES TO THE COURT WHAT RELIEF HE WANTS, AND THE COURT DETERMINES

I have always believed that it is the prerogative of a Plaintiff to dictate the reliefs he or she is seeking from the Court. It is the Court that also has the power to award to a Plaintiff what he believed is justifiable based on the evidence before it and the law. Why I am...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DECLARATORY RELIEF WILL BE GRANTED WHERE THERE IS A BREACH

The claim to which the declaratory relief relates must be substantial – A declaration will only be granted where there is a breach. – Karibe-Whyte, JSC. Chukwumah v. SPDC (1993) Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

OMNIBUS RELIEF IS WORTHLESS

Reach more audience. Place advert here.

Was this dictum helpful?

A RELIEF DOES NOT STAND IN ISOLATION TO AVERMENTS IN THE PLEADINGS

Membership Required

A COURT SHOULD NOT GRANT TO A PARTY RELIEF NOT ASKED FOR

Membership Required

APPLICANT CAN ASK FOR ALTERNATIVE RELIEFS BY SEEKING EXTENSION OF TIME TO APPEAL

Membership Required

DECLARATORY RELIEFS ARE NOT GRANTED WITHOUT PROOF

Was this dictum helpful?

IT IS THE PLAINTIFF THAT DICTATES TO THE COURT WHAT RELIEF HE WANTS, AND THE COURT DETERMINES

Membership Required

DECLARATORY RELIEF WILL BE GRANTED WHERE THERE IS A BREACH

Membership Required