PRACTICE AND PROCEDURE: Reliefs/claims before the Court – Whether the reliefs claimed by a party must be restated in his written testimony or in the open court – What the claimant must do to succeed:

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The reliefs sought for by the plaintiff in paragraph 31 of the statement of claim are reproduced in page 2 of this judgment. It is glaring from the record of this appeal that the trial court did not see the need for respondent’s verbal restatement of the reliefs already asked for in the statement claim in his testimony in open court. The Court of Appeal correctly supported the trial court. There is no law that requires that the reliefs claimed for must be restated in the testimony of the claimant or his witness in open court. What the law requires is that the claimant plead and prove by evidence facts that justify the grant of the reliefs claimed for in the statement of claim. If the reliefs expressly sought for in the statement of claim are not expressly withdrawn, the court must determine their merit or otherwise on the facts pleaded and proved. There is nothing like giving evidence of the reliefs claimed for. The practice of a claimant’s witness stating in his testimony the reliefs claimed for has become common. But the failure to do so cannot be treated as not claiming for any relief or an abandonment of the reliefs claimed for in the statement of claim. The material or relevant part of the testimony of the claimant or his witness is the evidence to justify the grant of the reliefs claimed for in the statement of claim, which claim are usually reasserted in the final address of the claimant’s counsel. The argument of Learned counsel for the appellant that the trial court adopted and granted the respondent reliefs he did not claim for lacks merit and is baseless as it is not supported by the record.Per EMMANUEL AKOMAYE AGIM, JSC in NEPA V. MALLAM MUHAMMAD AUWAL (2022-LCER-46637-SC) at Pp. 26 – 27, Paras. C-E.

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PRACTICE AND PROCEDURE: Reliefs/claims before the Court – Whether the reliefs claimed by a party must be restated in his written testimony or in the open court – What the claimant must do to succeed

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