CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU,JUSTICE, SUPREME COURT
YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT
PARTIES
AFRICAN CONTINENTAL BANK PLC APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the judgment of the Court of Appeal Lagos Division, delivered on the 17 day of April, 1991 dismissing the Appellant’s appeal against the ruling of the Ikeja High Court of Lagos State delivered on January 17th, 1988 which set aside an earlier order of the court entering judgment for the Appellant (as Plaintiff) in that court on the ground inter alia that the Motion for Judgment was not served on the Respondents (as the Defendants).
HELD
The court held that failure to serve the Motion for Judgment on the Respondents in this case was not a mere irregularity but a fundamental irregularity which vitiated the entire proceedings and entitled the respondents to have the judgment of the trial court set aside.
ISSUES
Whether the learned Justices of Appeal rightly upheld the decision of the learned trial Judge in exercising his discretion to raise the issue of the propriety of the service of the Motion for Judgment on the basis of which the Appellant obtained Judgment”.
RATIONES DECIDENDI
MAKING AN ORDER OF SUBSTITUTED SERVICE
The Motion for Judgment should therefore have been served personally on the Respondents. It was only when personal service failed that the court should have been moved as may be appropriate for a substituted service. The court has a direction to make or refuse to make an order for substituted service. -Per Idris Legbo Kutigi, JSC
A COURT CAN SET ASIDE ITS OWN JUDGMENT
It is indisputable that a court of law is competent to set aside its own judgement in a number of circumstances. And the present circumstance, when the judgment obtained was a nullity, is one of such circumstances. -Per Idris Legbo Kutigi, JSC
CASES CITED
Board of Customs & Excise v. Barau (1982) 10 SC. 48Sodipo v. Lemminkainen OY & Anor. (1986) 1 S.C. 197 at 217; (1986) 1 NWLR (Pt. 15) 220University of Lagos & Anor. v. Aigoro (1985) 1 NWLR (Pt. 1) 143 Williams v. Williams (1987) 2 NWLR (Pt. 54) 66
STATUTES REFERRED TO
None.