In Huddersfield Banking Co Ltd v. Henry Lister & Son Ltd. [1895-9] All ER Rep 868 it was held that a consent order made by the court to give effect to the compromise of a legal claim by the parties concerned can be set aside, not only on ground of fraud, but for any reason which would afford a ground for setting aside the agreement on which the order was made, for example, on the ground of a common mistake regarding a material fact. In that case Lindley, CJ, said:- “The only thing, to my mind, to be done on this point of setting aside a consent judgment is to see whether the agreement upon which it was based can be invalidated or not. If the agreement cannot be invalidated, the consent order is good. If the agreement can be invalidated, the consent order is bad.”
A CONSENT JUDGEMENT IS A FINAL DECISION
A consent judgment is a final decision, since it finally determines the issues and dispute between the parties. (See NWRD v. Jaiyesimi (1963) 1 All NLR 215). It is a final decision within Section 241(1)(a) of the Constitution 1999. However, leave of the High Court or of the Court of Appeal is required for the...