CORAM
S. M. A. BELGORE JUSTICE, SUPREME COURT
PARTIES
RACE AUTO SUPPLY COMPANY LIMITED APPELLANT
ABPUL JAFFAR ARAFAT AKIB
SAMSAMOT AKIB
MODANIYAT AKIB
APPELLANTS
ALHAJA FAOSAT AKIB
RESPONDENTS
AREA(S) OF LAW
CONSENT JUDGEMENT
SUMMARY OF FACTS
The Appellant instituted proceedings in the High Court by Originating Summons seeking to interpret and review the Consent Judgment delivered by the High Court in a suit between the Appellant and the Respondent. The High Court gave judgment to the Appellant and the Respondent Appealed. The Court of Appeal set aside the judgement of the trial court. The Appellant appealed.
HELD
The Supreme Court dismissed the appeal and held that a consent judgment cannot be derogated from by any prior agreement.
ISSUES
Whether by the consent judgment of the Lagos High Court, the Respondent/Appellant is entitled to 4 shops and 2 stores on the completion of the reconstruction of the building OR at the expiration of the redevelopment project as contained in the redevelopment contract dated 16th August, 1995.
RATIONES DECIDENDI
CONSENT JUDGEMENT
“In order to have a consent judgment the parties must be ad idem as far as the agreement is concerned; and the terms of settlement must be filed in court. Where the court makes an order based upon such terms of settlement, there emerges a consent judgment from which the parties could appeal only by leave of the court.” Woluchen V. Wokoma PER- MAHMUD MOHAMMED, JSC
CASES CITED
Woluchen V. Wokoma (1974) 3 SC 153
Re South American and Mexican Company, Ex-parte Bank of England (1895) 1 Ch. 37 at 50
Cases referred to in the Judgment:
Afegbai V. Attorney-General, Edo State (2001) 33 WRN 29,
Alao V. A.C.B. Ltd (2000) 8 NWLR (Pt. 672) 264
Alhaji Baba V. Nigerian Civil Aviation Training Centre Zaria (1991) 5 NWLR (Pt. 192) 388
Anyasinti Umunna & 5 Ors V. Animuda Okwuraiwe & 3 Ors (1978) 6-7 SC 1
Aouad V. Kassrawani (1956) SC 83.
Asiyanbi & Ors V. Adeniyi (1967) 1 All NLR 82
Berliet V. Kachalla (1995) 9 NWLR (Pt. 420) 478
Bright V. Seller (1904) I.K.B. 6 and Re: Gist (1904) 1 Ch. 408
Evbuomwan & 3 Ors. V. Elema & 2 Ors. (1994) 7-8 SCNJ. (Pt. II) 243
Fakorede V. A.G of Western State (1972) 1 ALL NLR (Pt. 1) 178
Federal Public Trustee V. Mrs. C.A. Sobamowo (1967) NMLR 350
General Accident Fire & Life Assurance Corporation Ltd V. Inland Revenue Commissioners (1963) 1 All E.R. 618
Ministry of Lagos Affairs, Mines and Powers V. Akin-Olugbade (1974) 9 NSCC 489.
Niger Dams V. Lajide (1973) 5 SC 207.
Odulaja V. Williams (1940) 6 WACA 198 at 199.
Otunba Ojora V. Agip Nig. Plc & Anor. (2005) 4 NWLR (Pt 916) 515
Re Lays Will Trusts Somerset & anor. V. Ley & Anor. (1964) 2 AER 326
S.C.O.A (Nig.) Ltd. V. Bourdek Ltd. (1990) 3 NWLR (Pt. 138) 380
Sodipo V. Lamni (1985) 2 NWLR (Pt. 8) 547
Speaker Bendel State House of Assembly V. Okoye (1983) 7 SC 85
Umunna & Ors V. Okwuraiwe & Ors (1978) 6 & 7 SC 1
University of Lagos V. Aigoro (9991) 3 NWLR (Pt. 179) 376
Woluchem V. Wakoma (1974) 3 S.C. 153
STATUTES REFERRED TO