HERERICK H. P. BARLAY & ANOR V F.S.B. INT. BANK PLC & ANOR
June 11, 2025UNION BANK OF NIGERIA V UNITED BANK FOR AFRICA PLC & ANOR
June 11, 2025Legalpedia Citation: (2004) Legalpedia (CA) 81112
In the Court of Appeal
Wed Apr 21, 2004
Suit Number: CA/L/514/2001
CORAM
PIUS OLAYIWOLA ADEREMI JUSTICE, COURT OF APPEAL
ABIMBOLA O. OBASEKI-ADEJUMO, JUSTICE,COURT OFAPPEAL
PARTIES
GEORGINA AHAMEFULE APPELLANTS
IMPERIAL MEDICAL CENTER DR. ALEX MOLOKWU RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff brought an action at the High Court of Lagos State against the Defendant for wrongful dismissal/termination of her employment on the grounds of her HIV Positive status. Before hearing the case Defendant Counsel asked the Court for assurances that the judge, litigants and the public would not be infected with HIV virus if the Plaintiff who is HIV positive was allowed to come to Court to give evidence. He further urged the Court to require the Plaintiff to produce medical expert who would testify on oath that occupants of the Court would not be infected if the Plaintiff was allowed to give evidence in Court. The learned trial judge immediately ordered that an expert opinion be heard on the subject- matter either from Nigeria or from abroad. Dissatisfied with the ruling of the Court, the Plaintiff appealed to the Court of Appeal.
HELD
Appeal Dismissed
ISSUES
None
RATIONES DECIDENDI
CONSENT JUDGMENT- A PARTY APPEALING AGAINST A CONSENT JUDGMENT MUST OBTAIN LEAVE OF COURT.
“It is a constitutional requirement that a party who has so consented and who later decides to appeal against the Consent Judgment must first and foremost obtain the leave of court.” PER ADEREMI J.C.A
APPEAL AS OF RIGHT – SECTION 241 (1) OF THE 1999 CONSTITUTION
“An appeal lies from a decision of the Federal High Court or a High Court of the State to the Court of Appeal as of right of it is a final decision in any civil or criminal proceedings before that Federal or State High Court”. PER ADEREMI J.C.A
CONSENT – WHAT DOES “CONSENT” CONNOTE IN LEGAL PARLANCE
“Consent” in legal parlance, involves an element of volition, a voluntary agreement; it is a deliberate and free act of the mind. Such is the controlling effect that ‘CONSENT’ has on judgment or ruling that a party who has consented to a procedure by the trial judge cannot subsequently challenge the procedure on the ground, that it worked injustice on him’’ PER ADEREMI J.C.A
CASES CITED
Afolabi & Ors Vs Adekinle & Anor (1983)8. S.C. 98Akhiwu Vs The Principal Lottery Office, Mid-Western State (1972)1 ALL N.L.R. 299 Olubode & Ors Vs Salami (1985)2 NWLR (pt 7)282
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999
