Meaning of consequential order and principles guiding grants thereof.
Consequential order is an incidental order following from the judgement. it is essentially one which makes the principal order affective and effectual or which follows necessarily as been incidental to the principal order in the matter.
Where the principal order sought is refused, an incidental order cannot be rightly made as there will be no principal order on which such incidental order can stand or lean on.
Consequential order denotes an order following naturally in terms of consistency and giving effect to the main judgement.
Nature and purpose of consequential order and when Court will make.
A consequential order is an order founded on the claim to the successful party. A consequential order is one which is not merely incidental to a decision properly made but one which is mainly to give effect to that decision. See Uwaechina v Okeke(2015) 14 NWLR(Pt. 1478) P.108.
A consequential order is an order that gives effect to a judgement. It gives meaning to the judgement. It is traceable to or flows from the judgement sought and is made consequent upon the relief claimed by the plaintiff.
A consequential order must be incidental to or 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 judgement already given.
Whether courts can make consequential order for payment of specific some not proved.
It would be wrong for a court to order the payment of a specific sum of money as a consequential order when there is no evidence to support the sum some ordered to be paid. consequential order should not be given for an unproven claim. Eze v Gov Abia State(2014) 14 NWLR(Pt. 1426) P.194