CORAM
SOWEMIMO, CHIEF JUSTICE OF NIGERIA
BELLO, JUSTICE SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
ANIAGOLU, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
PARTIES
ALHAJI RAIMI EDUN ( For himself and the Chiefs and people of Iba, Badagry Division)
APPELLANTS
1. ODAN COMMUNITY, ADO FAMILY
2. OKOKOMAIKO COMMUNITY
RESPONDENTS
AREA(S) OF LAW
CONSENT JUDGMENT – JOINDER OF PARTIES – APPEAL
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.
HELD
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.
ISSUES
None.
RATIONES DECIDENDI
CONSENT JUDGMENT
‘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consent is given through mistake or misapprehension of the solicitor or counsel as to his authority, and the consent is withdrawn before the order is drawn up, the consent judgment should be set aside and the matter put back on the list for the party to be heard’.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
CASES CITED
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
STATUTES REFERRED TO
1. The Western Region High Court (Civil Procedure) Rules 1958
2. The Constitution (Amendment) (No.2) Decree No.42 of 1976.