LAW TIP
Courts can grant reliefs not formally or explicitly claimed, if the evidence justifies it, in order to do substantial justice. Republic v High Court (Human Rights Division) Accra Ex-Parte Akita(2010) SCGLR 374
QUOTE FROM JUDGEMENT
“In the case of Hanna Assi (No 2) v Gihoc Refrigeration and Household Products Ltd (No 2) [2007-2008] SCGLR 16, this court laid down the rule on substantial justice where the facts of the case justify that that should be done. That case held that the trial court was entitled to grant the relief to the defendant who had not filed a counterclaim on that relief. The basis of the decision was that the evidence on the record justified that conclusion. One has to consider the facts on the record before this court in order to do substantial justice to the parties.” Republic V High Court (Human Rights Division) Accra Ex-Parte Akita (Mancel-Egala & Attorney General Interested parties) (2010) SCGLR 374 at 386