CORAM

SOWEMIMO, JUSTICE, SUPREME COURT

IRIKEFE, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT

PARTIES

GODPOWER NKWEKE MATTHEW EZI for themselves and as representing the Umuju Family of Obrikom in Ahoada Division APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant brought action against the respondent claiming compensation for the destruction of the appellants land.

HELD

The court held that the appellants were entitled to the compensation agreed on in their statement of claim.

ISSUES

Whether the judgement of the trial court dismissing the claim of the appellants but entering judgement in favour of the appellants was against the weight of evidence

RATIONES DECIDENDI

CONSENT JUDGMENT- WHAT IS

The decision of the learned Chief Justice was in the nature of consent judgement. The appellants in their Statement of Claim averred that the respondent paid compensation which they rejected because it was inadequate and that the respondents had also agreed to settlement out of court. The respondent s on their part averred in their Statement of Defence that compensation was offered and accepted by the appellant before the institution of this action also that the compensation offered and accepted was in full and final satisfaction of the appellants claim. Therefore the decision entering judgement for the appellant in favour of the compensation sum admitted as offered by the respondents ever before this action was commenced was in the nature of a consent judgement. PER IRIKEFE JSC

CASES CITED

STATUTES REFERRED TO

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