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Whether a Court can grant to a party what has not been asked for

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"In its bid to maintain a proper balance in its handling of the imaginary scale of justice, a court does not make it a habit to give to a party what has not been asked for. Thus, courts do not grant reliefs which have not been claimed by a party. See Union Beverages Ltd. v. Owolabi (1988) 1 NWLR (Pt.68) 128.

In this vein, a court has a duty to hear and determine all applications properly brought before it.

Hence, where there is no such pending application, there is nothing to be considered, granted or refused by a court.

It is basic that, principles of equity and or fairness assist only the vigilant and not the indolent who left things undone until irreparable cum irreversible harm or damage has been wrought. "

 

Per OREDOLA, J.C.A. in Onah Vs. Okom (2012) 8 NWLR (Pt. 1301) 169 CA.


   
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