May 26, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 11102 In the Supreme Court of Nigeria Fri Jul 3, 2009 Suit Number: SC. 292/2002 CORAM PARTIES 1. STAR PAPER MILL LTD […]
CORAM
PARTIES
1. STAR PAPER MILL LTD 2. MR. ECHEME KALU APPELLANTS
BASHIRU ADETUNJI & ORS.
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents as plaintiffs were given judgment as per their claim against the appellants. The appellants appealed to the Court of Appeal but before the respondents could file the respondents brief of argument.
The parties agreed to resolve the matter amicably and filed terms of settlement on which ground the court struck out the matter. The appellants appealed the order of the court striking out his appeal.
HELD
Appeal allowed and was remitted to the Court of Appeal to be retried before another panel of the lower court
ISSUES
None
RATIONES DECIDENDI
MEANING OF CONSENT JUDGEMENT
Consent Judgment, is a contract between the parties whereby rights are created between them in substitution for order of consideration of the abandonment of the Claim or Claims pending before the Court. Per MUNTAKA-COOMASSIE, JSC
CASES CITED
Race Auto Supply Company Limited & Ors vs Akibu (2006) 6 SCNJ 98
STATUTES REFERRED TO
1999 Constitution of the Federal Republic of Nigeria.