ASANI BALOGUN & ORS VS ALIMI AGBOOLA
August 12, 2025CHIEF M. A. OKUPE V. B. O. IFEMEMBI
August 12, 2025Legalpedia Citation: (1974-03) Legalpedia (SC) 41411
In the Supreme Court of Nigeria
Fri Mar 29, 1974
Suit Number: SC. 90/1973
CORAM
MUHAMMED BELLO, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
ABEL O. WOLUCHEM
APPELLANTS
DR. CHARLES INKO-TARIAH WOKOMA
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – CONSENT JUDGMENT
SUMMARY OF FACTS
The parties entered into negotiation to settle the matter out of court, no final settlement was reached and no terms of settlement filed. The land in dispute was subsequently acquired by government. The lower court nevertheless ruled that there was a final arrangement and that only the detail was being worked out.
HELD
The court allowed the appeal and set aside the decision of the lower court.
ISSUES
Whether the learned trial judge was right in holding that there was a consent judgment between the parties.
RATIONES DECIDENDI
STATUS OF ARRANGEMENT BETWEEN THE PARTIES THAT HAS NOT BEEN INCORPORATED IN A JUDGMENT
Arrangement between the parties that has not been incorporated in a judgment of the court is not, and should never be regarded as, a consent judgment – Ibekwe s J.S.C
THE NATURE OF A CONSENT JUDGMENT
In order to have a consent judgment, the parties must be ad idem as far as the agreement is concerned; their consent must be free and voluntary; and the terms of settlement must be filed in court. When the court makes an order based upon such terms of settlement, there emerges a consent judgment, from which the parties could appeal only by leave of the court – Ibekwe J.S.C.
CASES CITED
Ukejianya v. Uchendu 12 WACA 45
STATUTES REFERRED TO
Not Available
