EPEROKUN AND ORS VS. UNIVERSITY OF LAGOS
July 21, 2025AKANBI ENITAN VS. THE STATE
July 21, 2025Legalpedia Citation: (1986-06) Legalpedia 11025 (SC)
In the Supreme Court of Nigeria
Fri Jun 27, 1986
Suit Number: SC. 51/1985
CORAM
IRIKEFE CHIEF JUSTICE OF NIGERIA
NNAMANI JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
SAIDU KAWU
PARTIES
A. T. BAKARE
APPELLANTS
T. S. APENA (Deceased)
ALHAJI OLOWOLAGBA
SHERIFF AYINDE ADALEMO (Suing for Themselves and on Behalf of the MAREMI/ AMORE Family of Orile-Ikeja)
RESPONDENTS
AREA(S) OF LAW
DUTY OF A JUDGE TO COUNSELS
SUMMARY OF FACTS
The respondents /plaintiffs, claimed against the appellant /defendant for declaration of title under native law and custom to all that piece and parcel of land, damages for acts of trespass committed by the Defendant, and Perpetual injunction restraining the Defendant from further acts of trespass. The learned trial Judge dismissed the plaintiffs/respondent claims in their entirety. The plaintiffs/respondents then appealed against the judgment to the Court of Appeal. The Court of Appeal unanimously allowed the respondents appeal. The appellant then appealed to the Supreme Court.
HELD
The appeal failed and was dismissed.
ISSUES
The Court of Appeal misdirected itself in law in holding that the conduct of the trial Judge in going personally to the Appellant/Respondents Counsels chambers on the 10th March 1979 to invite counsel to be present in Court on the 12th March, 1979 to address him on the point that he intended to recall the judgment (not yet enrolled he delivered on the 9th March, 1979 is seriously objectionable as to vitiate the proceedings and judgment delivered on the 12th March, 1979, and also the proceedings and judgment delivered on the 9th March, 1979 thereby setting aside the two proceedings and judgments and ordering retrial before another Judge
RATIONES DECIDENDI
The inherent jurisdiction of the court to amend a judgment which has not been enrolled
“The inherent jurisdiction of the court to amend or alter a judgment which has not been enrolled is one on which there have been several judicial pronouncements in this country and in England some of them conflicting with others.” Per NNAMANI, J.S.C.
CASES CITED
Bamidele v. Adeyemi (1963) 1 ALL NLR 146, 148
Okafor v. The State (1976) 5 S.C. 13
Okpara v. The Republic (1977) 4 S.C. 53
STATUTES REFERRED TO
Not Available
