AFRICAN INSURANCE DEVELOPMENT CORPORATION V NIGERIA LNG LIMITED
June 26, 2025L.O. DIKE & ORS VS DR OSITA ADUBA & ANOR
June 26, 2025Legalpedia Citation: (2000) Legalpedia (SC) 21137
In the Supreme Court of Nigeria
Fri Feb 4, 2000
Suit Number: SC.148/1995
CORAM
ADOLPHUS G. KARIBI-WHYTE JUSTICE, SUPREME COURT
EMMANUEL O. OGWUEGBU JUSTICE, SUPREME COURT
ALOYSIUS I. KATSINA-ALU JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE SUPREME COURT
UMARU A. KALGO JUSTICE, SUPREME COURT.
PARTIES
OBA AMOS BABATUNDE & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents instituted action with respect to the chieftaincy title in dispute and pleaded an earlier decision which was in their favour and related to the dispute between the parties. The appellants contended that the said decision cannot be relied on because the court had no jurisdiction to entertain the suit.
HELD
The court dismissed the appeal.
ISSUES
“Whether a person against whom a judgment is given or an order made can disobey and ignore it on the ground that it is null and void”.
RATIONES DECIDENDI
THE JUDGMENT OF A COURT SUBSISTS UNTIL IT IS SET ASIDE ON APPEAL
“The judgment of a court of competent jurisdiction subsists unless and until it is set aside even where the person affected by it believes it to be void or irregular. The procedure for setting it aside is simple. The party affected must appeal against the judgment.” – Katsina-Alu J.S.C
CASES CITED
Rossek v. A.C.B. Ltd. (1993) 8 NWLR (part 312) 382; Hadkinson v. Hadkinson (1952) 2 ALL E.R. 567 Hadkinson v. Hadkinson (1952) 2 ALL E.R. 567 Chuk v. Cremer (1846) 1 Coop temp. Cott. 342; 47 E.R.884
STATUTES REFERRED TO
None.
