• Latest
  • Trending
  • All

IS A COURT OF LAW TRULY NOT A FATHER CHRISTMAS? by Abdulazeez Abdullah

2025 UTME Results to be Released Today – JAMB

2025 UTME Results to be Released Today – JAMB

FG declares free C-Section for Nigerian Women

Drama as 18-Year-old Apprentice impregnates Master’s Daughter, 9 Others in Anambra

JUST IN: VeryDarkMan released from EFCC custody

JUST IN: VeryDarkMan released from EFCC custody

Nigeria Pays Back all N2.59trn IMF Debt

Nigeria Pays Back all N2.59trn IMF Debt

JUST-IN: Social Activist VeryDarkMan Arrested by EFCC

VeryDarkMan’s lawyer expresses frustration over Bail Difficulties

Nnamdi Kanu’s Sister-in-law barred from Court for Livestreaming Proceeding

Nnamdi Kanu’s Sister-in-law barred from Court for Livestreaming Proceeding

JUST-IN: Social Activist VeryDarkMan Arrested by EFCC

EFCC releases VeryDarkMan on Bail

EFCC reacts to BBC Pidgin report on VeryDarkBlackMan’s arrest

EFCC reacts to BBC Pidgin report on VeryDarkBlackMan’s arrest

Catholic Bishops Reply Trump Over AI-Generated Pope Image

Catholic Bishops Reply Trump Over AI-Generated Pope Image

FCCPC Replies  Meta’s threat to Quit Nigeria over ₦220 Million Fine

FCCPC Replies Meta’s threat to Quit Nigeria over ₦220 Million Fine

NNPC reduces NMDPRA fee Per-Litre petrol in New Pricing Template

$3bn Refinery Fraud: N80bn found in sacked MD’s Bank Accounts

Kwara Law Students’ Association Accuses Unrecognized Actors of Sabotaging Scholarship Process”

Kwara Law Students’ Association Accuses Unrecognized Actors of Sabotaging Scholarship Process”

  • About Us
  • Advertise with Us
  • Editorial Policy
Friday, May 9, 2025
  • Login
iDeemlawful
  • Home
  • News
  • Featured
  • Politics
  • Life Style
  • Advertise with Us
  • Opinion
  • Campus
No Result
View All Result
iDeemlawful
No Result
View All Result
No Result
View All Result
iDeemlawful
  • Home
  • News
  • Featured
  • Politics
  • Commentary
  • Editorial
  • Campus
Home GPS Gadget law Articles

IS A COURT OF LAW TRULY NOT A FATHER CHRISTMAS? by Abdulazeez Abdullah

by iDeemlawful
September 17, 2021
A A
FacebookTwitterWhatsapp

RelatedPosts

Trump 2.0: everything, everywhere, all at once

THE DOCTRINE OF SEPARABILITY IN ARBITRATION

Sexually transmitted Diseases and the Law: Can victims in Nigeria seek Justice? by Lanase Usman

MEDIATOR ACTING AS ARBITRATOR: UNDERSTANDING SECTION 79 OF THE ARBITRATION AND MEDIATION ACT, 2023

INTRODUCTION
It is beyond elementary in law that the judicial powers of a state is vested in the court.[1] Parties, after having stated the reasons for their presence in court, in line with the applicable court rules [2], together, parties posit prayers and reliefs they seek to be granted upon conclusion of the case. Against this backdrop is also the momentous tradition of seeking omnibus orders by parties on one side, and a practice of making consequential orders by courts on another side. In situations where parties don’t explicitly elicit what they desire from the court as reliefs or prayers, what is the right order to be made by the court, and what is the effect thereof. This article seeks to examine the so-called Father christmas rule vis-à-vis the effect of omnibus prayers and consequential orders. It further makes a succinct juxtaposition between consequential orders [3] and unsought reliefs while subtly concluding on an admonition that courts should be more swayed towards justice rather than technicalities.
THE FATHER CHRISTMAS RULE
The Father Christmas rule, informally so-called, presupposes that a court shall not grant to a party, any relief not sought by that party in his process before the court. In other words, the court is meant to bestow upon a party, only that which he expressly requests. On this issue, the court in LADOKE v. OLADOYE [4] held that; “It is the law that the court is not a father Christmas and so ought not to go about granting to parties, reliefs which they have not asked for. A court is powerless to award to a claimant what he did not claim or grant an Unsought relief.”
Also, in the case of ADETOUN OLADEJI Nig Ltd v. N.B Plc [5] held succinctly, yet beautifully that “Parties are the owners of their cases and are in the best position to know their claims or reliefs. Therefore, the courts cannot go outside the claims or reliefs in search of other claims or reliefs not before them. The role of a court of law is to adjudicate on the claims or reliefs placed before it by the parties.” (Pp. 438-439, paras. H-A)
From the foregoing, it’s apt to resolve that the far beyond recondite firmly settled principle of law is that “you get only that which you seek” See also the cases of Awoniyi v. Amore (2000) 6 SC (pt. i) p. 103 A.G. Federation v. AIC Ltd (2000) 10 NWLR pt. 675 p. 293 Akinbobola v. Plison Fisko (1991) 1 NWLR pt. 167 p. 270 Gbadamosi v. Alete (1993) 1 NWLR pt. 293 p. 113. Although, courts are beginning to depart from this strictness.
OMNIBUS ORDER
As a matter of practice, it is also notorious amongst lawyers while filing their processes, to include, usually as the last prayer, something fondly called, OMNIBUS ORDER which is simply to the effect that the party seeks, indirectly from the court, ANY SUCH OTHER ORDER AS MAY BE DEEMED FIT BY THE COURT. Accordingly, the omnibus order serves as a shield, a water-tank which the court should dwell in times when parties are deserving of a relief but didn’t expressly seek same as expected by the law. This omnibus order also, should operate rather as a resting rock which courts rely upon to award damages or make orders “…in the interest of Justice which the court seeks to ensure at all times.” WILLOUGBY v. IMF [6]
Quick digression, there also is something known as alternative relief which is a type of relief sought by a party when he’s in doubt as to whether or not his main relief will be granted. This type of relief can be sought also, in so far as it is specifically pleaded and facts are relied set out and upon. See the case of CHRISTIAN MAERSK & ANOR V. NOKOY INVESTMENT LTD. [7]
CONSEQUENTIAL/INCIDENTAL ORDERS
Ostensibly, in the interest of Justice, there are times when even though parties don’t explicitly seek some particular reliefs, the court still proceeds to grant same. This is because such relief is in fact necessary for the execution of the judgement. The Court of Appeal through Per Gumel, JCA in the case of ALH. MODU RIJIYA & ANOR v. STEPHEN JASINI TUKURANA & ORS [8] opine sagaciously that, “It must be noted that a court is entitled in appropriate situations to make orders that are consequent upon a valid Judgment or ruling with a view to giving effect to add value to any valid order of the Court. This type of consequential or incidental relief follow or flow from the decision and is aimed at strengthening or giving extra bite to the relief claimed.” See also the case of FABIYI V. ADENIYI [9] Importantly also, the in the above cited case, the court stated further that, “…this type of relief is appurtenant to the main or principal relief. Also, it is not merely incidental to a decision but one necessarily flowing directly and naturally from and inevitably consequent upon it. It is capable of giving effect to the Judgment already given, not by granting a fresh an unclaimed or unproven relief.”
Accordingly, the court in the case of HON. CHIGOZIE EZE & ORS v. GOVERNOR OF ABIA STATE & ORS [10] held that, “A consequential order is an order that give effect to a judgment. It gives meaning to the judgment. It is traceable or following from the judgment prayed for and made consequent upon the reliefs claimed by the plaintiff. A consequential order must be incidental and flow directly and naturally from reliefs claimed. It is an offshoot of the main claim and it owes its existence to the main claim. It gives effect to the judgment already given. See Obayabona v. Obazee (1972) 5 SC p. 247 Inakoju v. Adeleke (2007) 4 NWLR pt. 1025 p. 423” Per RHODES- VIVOUR, J.S.C. (P. 26, paras. A-D)
From the above dicta, what will constitute the most notable difference between consequential relief and unsought reliefs is that, in consequential orders, the relief must flow from the already sought principal relief. The consequential relief is merely strengthening the already sought relief.
JUXTAPOSITION
Going back to the general father Christmas rule, it is exactly as opined earlier that the court is not a charitable organization that gives out things freely but because Courts are meant to afford parties before them justice, fairness and equity, some important exceptions to this general rule have evolved over the years. These exceptions are predicated on both legal and equitable principles. For example, Order 56 Rules 1 of the Borno State High Court Rules provides that:- “Subject to particular Rules, the Court may in all cases and matters make any order which it considers necessary for doing justice, whether the order has been expressly asked for by the person entitled to the benefit of the order or not.” Similar provisions may be found in respective court rules of different states.
CONCLUSION
In the course of writing, this article has done justice to a few positions of law flowing from the general rules to some exceptions and seemingly similar situations. Indubitably, the general rule is that for parties to be entitled to any relief from the court, such relief must have explicitly emanated from the parties’ processes which the court then deliberates on. Like every other rule in law however, this rule is not without exceptions. Where the court, even though not pleaded, still grant unsought reliefs to parties. This though must be distinguished from consequential orders which are this which flow directly from the principal relief expressly sought by the parties.
Abdulazeez Abdullah is a 300 level Student of Common and Islamic law, University of Ilorin. He’s an active advocate of the Student Union Bar, University of Ilorin. He’s an avid reader interested in basically all areas of law but has more keen interest in Constitutional Law cum Islamic Family Law.
He can be reached via
abdulazeezabdullah51@gmail.com
Tags: GPS Gadget
Previous Post

FRESH: Kwara State University Commences Sales of 2021/22 Screening Form

Next Post

‘‘Withdraw Your Statement’’_Gov. Umahi Fires Fani-Kayode

iDeemlawful

iDeemlawful

Related Posts

Essentiality or Otherwise of the Defendant’s Presence in a Criminal Litigation: A Constitutional Right of Fair Hearing —Composed By Adeshina Umarfaruq Olaitan
law Articles

Essentiality or Otherwise of the Defendant’s Presence in a Criminal Litigation: A Constitutional Right of Fair Hearing —Composed By Adeshina Umarfaruq Olaitan

THE DOCTRINE OF SEPARABILITY IN ARBITRATION
Commentary

THE DOCTRINE OF SEPARABILITY IN ARBITRATION

Commentary

Sexually transmitted Diseases and the Law: Can victims in Nigeria seek Justice? by Lanase Usman

Illustration of mediator and arbitrator
Commentary

MEDIATOR ACTING AS ARBITRATOR: UNDERSTANDING SECTION 79 OF THE ARBITRATION AND MEDIATION ACT, 2023

Lagos govt mandates permits for amplified sound in nightclubs, worship centres
law Articles

Lagos govt mandates permits for amplified sound in nightclubs, worship centres

Shariah law —– a foreign law in a foreign land
Commentary

Shariah law —– a foreign law in a foreign land

DOES ISLAMIC LAW OF CONTRACT RECOGNIZED ELECTRONIC AGENCY?
Commentary

DOES ISLAMIC LAW OF CONTRACT RECOGNIZED ELECTRONIC AGENCY?

Economic Stabilization Bills: A Step Towards Economic Recovery with Challenges Ahead
Commentary

Economic Stabilization Bills: A Step Towards Economic Recovery with Challenges Ahead

Rising Tide of ACL Injuries in Football: Analyzing the impact of excessive match fixtures and competitions – BY SULEIMAN ABDULTAWAB
Commentary

Reforming FIFA’s Transfer Rules: The Lassana Diarra Trial, Legal Implications, and Future Prospects

#EndBadGovernance: Outrage as Police arraign 32 ‘hungry’ Children for Treason, four Collapse in Court
Commentary

EXPLAINER: Prosecution of Underage Children Under Nigerian Law?

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

iDeemlawful

Copyright © 2019–2025 Deemlawful Media

  • About Us
  • Advertise with Us
  • Editorial Policy

Connect With Us

No Result
View All Result
  • Home
  • News
  • Featured
  • Politics
  • Life Style
  • Advertise with Us
  • Opinion
  • Campus

Copyright © 2019–2025 Deemlawful Media

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In