ASSOCIATION DISCOUNT HOUSE LIMITED VS THE HON. MINISTER OF THE F.C.T. & 1 ORS

CORAM

SAIFULLAH MUHAMMAD MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT

CHRISTOPHER MICHELL CHUKWUMA- ENEH JUSTICE, SUPREME COURT

PARTIES

ASSOCIATED DISCOUNT HOUSE LIMITED(Substituted for SYNERGY TRUST & INVESTMENT LIMITED by order of this Court on 13/2/2013) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants/ plaintiff in this case initially instituted an application in the trial court seeking for a prerogative order of mandamus to compel the Minister of the Federal Capital Territory to perform his duties with regards to granting his consent to the performance of a mortgage deed. The respondent/ defendant reacted by moving a motion against such exercise of prerogative by the court. They also applied to join new parties to the proceedings and all their applications were granted by the trial court. The trial court further declined exercising its prerogative after initially exercising it in the same proceedings in favor of the appellants/ plaintiff and this led the appellants/ plaintiff to appeal against this ruling in the Court of Appeal. The court of Appeal upheld the ruling of the trial court and the appellants/ plaintiffs still aggrieved appealed to the Supreme Court.

HELD

Appeal allowed

ISSUES

Whether the Court of Appeal was right when it affirmed the decision of the trial court in setting aside the ruling of the trial court delivered on 23rd November. 2001 and joining the 2nd respondent as a party in the substantive suit. Whether the Court of Appeal was right in holding that the trial court was not functus officio when it heard and granted the 2nd respondent’s application.

RATIONES DECIDENDI

SET ASIDE – EFFECT OF A COURT WRONGFULLY SETTING ASIDE ITS OWN DECISION.

If a court makes an order setting aside its judgement which is made in the absence of a clerical error or proof of fraud, the order will become a nullity. PER Kumai Bayang Akaahs, JSC

FUNCTUS OFFICIO- DEFINITION/THE SCOPE AND LIMITATIONS OF A COURT BEING FUNCTUS OFFICIO

Once a court delivers its judgement in a suit it becomes functus officio with respect to the suit. It cannot reopen the suit for any purpose whatsoever even by application by one or all of the parties. There is however an exception to the statement I have just made on re-opening of the case. The exception is when any application is made to set aside the judgement for default of appearance or on account of concealment of material facts. Such application to set aside the judgement must be brought timeously by a party to the proceedings. PER Kumai Bayang Akaahs, JSC

CASES CITED

Alaka Vs Adekunle (1959) L.L.R 76. Kaduna Textiles Limited Vs Obi. (1999) 10 NWLR (Pt.621) 138. Mohammed Vs Husseini (1998) 14 NWLR (Pt.584) 108 at 144 Okafor Vs Attorney – General Anambra State (1991) 6 NWLR (Pt.200) 659 Aro Vs Lagos Island Local Government Council (2002) 4 NWLR (Pt.757) 385. Adeigbe Vs Kusimo (1965) NMLR 284; (1965) All NLR 248 Abane Vs Obi (2004) 10 NWLR (Pt881) 319 Sanusi Vs Avoola (1992) 9 NWLR (Pt.265) 275 Ibero Vs Obioha(1994) ISCNJ 44

STATUTES REFERRED TO

NONE

CLICK HERE TO READ FULL JUDGMENT