Legal Question in Civil Rights Law in Nigeria
When the court grants a monetary declaratory relief but does not state the exact sum to which the claimanty is entilted,what should be the proper procedure?
1 Answer from Attorneys
The answer is not simple. It depends on the findings by the court.
Some court cases suggest that you could file a new case. Other suggest an appeal against the failure to award a specific monetary figure.
If the evidence relating to the claim have not been discredited or if they have been accepted by the court, then an appeal will simply assess the evidence relating to the figure and give an award. It is simpler and a bit more appropriate.
If the court had found that you are entitled to monetary award but you have not proved an actual amount (and that the Defendant is not entitled to have the case against him dismissed), the court should have non-suited your case, giving you an opportunity to file a fresh suit and prove you claim.
I suggest you ask your lawyer to look at the judgment again and advise you
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