LEGAL NUGGETS (Series 111) - ISSUE: SETTING ASIDE JUDGMENT: Circumstances Under Which the Supreme Court Would Set Aside its Judgment.- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI


SETTING ASIDE JUDGMENT: Circumstances under which the supreme court would set aside its judgment

"Such cases where this court will set aside its judgment are:- a. When the judgment is obtained by fraud or deceit either in the court or of one or more of the parties: Alaka v. Adekunle (19S9) LLR 76 Flower v. Lloyd (1977) 6 Ch.D pg. 297 Olufunmise v. Fatana (1990) 3 NWLR (pt.136) pg.1 2.
Where the judgment is a nullity and a person affected by the order of court which can be described as a nullity is entitled ex debito justitiae to have it set aside Sken Consult Ltd v. Ukey (1981) 1 SC 6 Craig v. Kamsen (1943) 1KB 256, 262 and 263 Ojiako 7 Ors v. Ogueze (1962) 1 SCNLR 112 Okafor & ors v. Anambra state & ors (1991) 6 NWLR (pt.2000) pg. 659 at pg.680 3.

When it is obvious that the court was misled into giving judgment under a mistaken belief that the parties consented to it. Agunbiade v. Okunoga & Co (1961) All NLR pg.110 Obimomire v. Erinosho (1966) 1 All NLR pg. 250 4.

Where the judgment was given in the absence of jurisdiction Madulolu v. Nkemdilim & ors (1962)2 SCNLR 341 Sken consult v. Ukey (1981) SC 6. 5.

Where the procedure adopted was such as to deprive the decision or judgment of the character of a legitimate adjudication Igwe v. Kalu (2002) 14 NWLR (pt.787) pg.435 Alao v. ACB Ltd (2000) 9 NWLR (pt.672) pg.264" PER ADEKEYE, J.S.C (Pp. 43-44, Paras. B-B)

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