CORAM

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SOWEMIMO, CHIEF JUSTICE OF NIGERIA

BELLO, JUSTICE SUPREME COURT

OBASEKI, JUSTICE SUPREME COURT

ANIAGOLU, JUSTICE SUPREME COURT

NNAMANI, JUSTICE SUPREME COURT

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PARTIES

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ALHAJI RAIMI EDUN ( For himself and the Chiefs and people of Iba, Badagry Division)

APPELLANTS 

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1. ODAN COMMUNITY, ADO FAMILY

2. OKOKOMAIKO COMMUNITY

RESPONDENTS 

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AREA(S) OF LAW

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CONSENT JUDGMENT – JOINDER OF PARTIES – APPEAL

 

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SUMMARY OF FACTS

The applicants/defendants brought an application to set aside a consent judgment delivered by the Court on the 12th June, 1980 on grounds that the Supreme Court would not have entered the consent Judgment had it been aware of the facts disclosed in his affidavit.

 

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HELD

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The court held that the applicants slept on their rights having failed to take part in the proceedings at the Court of Appeal and Supreme Court, hence their application was misconceived and same was accordingly hereby struck out.

 

 

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ISSUES

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None.

 

 

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RATIONES DECIDENDI

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CONSENT JUDGMENT

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‘Where in a consent judgment the consent is given through mistake or misapprehension of the solicitor or counsel as to his authority, and the consent is withdrawn before the order is drawn up, the consent judgment should be set aside and the matter put back on the list for the party to be heard’. Per A. N. Aniagolu, JSC

 

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CASES CITED

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1. Adeigbe & Anor. v. Salami Kusimo & ors. (1965) 1 All NLR 248 at 251-252;

2. Chief Kofi Forfie v. Barima Kwabena Seifah (1958) 1 All ER 289;

3. Shepherd v. Robinson (1919) 1 KB 474

4. Sun Insurance Office Ltd. v. Victoria O. Ojemuyiwa (1965) 1 All NLR

5. Connecticut Fire Insurance Company and Kavanagh (1892) AC 473

6. Samuel Fadiora and Anor. v. Festus Gbadebo and Anor. (1978) 3 S. C. 21

 

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STATUTES REFERRED TO

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1. The Western Region High Court (Civil Procedure) Rules 1958

2. The Constitution (Amendment) (No.2) Decree No.42 of 1976.

 

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