Summary & Analysis
Expert briefing for legal professionals.
Nature of a declaratory relief and what a plaintiff must establish to be entitled to same
_"It is settled that a declaratory relief cannot be granted merely on default of defence or even on admission. The Applicant must show with credible evidence that he/she is entitled to the declaratory relief sought. This settled position of the law was restated recently by the Supreme Court per Ibrahim Mohammed Saulawa, JSC, in Olakehinde v. EFCC (2025) LPELR- 80483(SC) thus; "It's a well settled fundamental doctrine, declaration of right is purely declaratory remedy. It's never granted as a matter of course. Indeed, the Court must be satisfied of the desirability of granting same. Thus, the Plaintiff has the onerous duty to satisfy the Court by presenting a very strong and cogent case in the statement of claim and the affidavit evidence thereof. Such a burden must be discharged by the plaintiff even in the absence of a statement of defence."_ Per ONYEKACHI AJA OTISI, JCA (Pp 27 - 28 Paras F - D)
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Lawploy Official Legal Archive • 2026
