CORAM
JAMES OGENYI OGEBE, JSC (Lead Judgment) JUSTICE, SUPREME COURT
FATAYI-WILLIAMS, JUSTICE, SPREME COURT
FATAYI-WILLIAMS, JUSTICE, SUPREME COURT
ADOLPHOUS G. KARIBI-WHYTE JUSTICE , SUPREME COURT
ABUBAKAR B. WALI JUSTICE , SUPREME COURT
PARTIES
ATTORNEY-GENERAL OF THE FEDERATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial High ordered the appellant, in default of pleadings, to pay to the respondent money, the dispute in which the Ministry of Defence was not a party. The appellant had claimed the sum against other defendants in the suit. The claim against the appellant was injunction restraining payment to the 1st defendant. ?
HELD
The court allowed the appeal.
ISSUES
1. “Whether it was proper to award a relief not claimed” 2. Whether in a claim based upon a contract, a person who is not a party to the contract could be adjudged liable upon a breach of the said contract.
RATIONES DECIDENDI
A CONSEQUENTIAL ORDER CANNOT BE MADE AGAINST A PERSON WHO WAS NOT A PARTY TO THE PROCEEDINGS
“A consequential order could only be made directing a party who participated in the proceeding before the court and was involved in the judgment to do certain things. You cannot make consequential order directing a complete stranger do the proceedings and judgment to pay money in satisfaction with the enforcement of a judgment. If such an order is to be made the party being directed to comply with it must be given notice of it so as to have the opportunity to oppose it.” – Mohammed J.S.C
THE PLAINTIFF CANNOT OBTAIN A RELIEF WHICH HE DID NOT EXPRESSLY CLAIM IN THE STATEMENT OF CLAIM WHEN THE DEFENDANT DEFAULTS IN GIVING NOTICE OF INTENTION TO DEFEND
“where a defendant in a suit defaults in giving notice of intention to defend, or in a pleading or does not appear at the trial, the plaintiff cannot obtain a relief which he did not expressly claim in the Statement of Claim.”- Mohammed J.S.C.
CASES CITED
Tocan v. National Standard Investment Co. (1887) 56 L.T. 165 Faithful v. Woodley (1890) 43 Ch.D.287 Etim Ekpenyong and Ors. v. Inyang Effong Nyong and 6 Others (1975) 2 S.C. 7
STATUTES REFERRED TO
None.