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ONCE A COURT DELIVERS JUDGEMENT IT IS FUNCTUS OFFICIO; EXCEPTIONS THAT EXISTS

Dictum

It is settled law that once a Court has delivered its decision on a matter, it becomes functus officio with regard to that matter. What this means is that a Court cannot sit as an appellate Court over its decision; once it has decided a matter, it ceases to be seized of it, and it cannot re-open it for any purpose whatsoever – see Ogboru V. Ibori (2005) 13 NWLR (Pt. 942) 319 Sun Insurance V. LMBS Ltd. (2005) 12 NWLR (Pt 940) 608, Ukachukwu V. Uba (2005) 18 NWLR (Pt 956) 1, Ubeng V. Usua (2006) 12 NWLR (Pt 994) 244 and Onyekweli V. INEC (2009) 6 NWLR (Pt 1136) 13. But the law also says that Courts of record have the inherent jurisdiction to set aside their Judgments/decision/order, in appropriate cases. When a. The Judgment is obtained by fraud or deceit either in the Court or of one or more of the Parties; b The Judgment is a nullity; c. It is obvious that the Court was misled into giving Judgment under a mistaken belief that the parties consented to it; d. The Judgment was given in the absence of jurisdiction; e. The proceedings adopted was such as to deprive the decision or Judgment of the character of a legitimate adjudication; or f. Where there is fundamental irregularity. See Alao V. ACB (2000) 9 NWLR (Pt 672) 264, Tomtec (Nig.) Ltd. V. FHA. (2009) 16 NWLR (Pt 1173) 358 SC, and Jev V. lyortom (supra).

— A.A. Augie, JCA. Elias v Ecobank (2016) – CA/L/873/2013

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NIGERIAN JUDGEMENTS CAN BE ENTERED IN FOREIGN CURRENCY

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SUBORDINATE COURT CANNOT SIT OVER JUDGEMENT OF SUPREME COURT

My Lords, the law is settled, and as rightly stated by learned senior counsel for the Appellant, that the Court below, and other Courts subordinate to this Court, lack the jurisdictional competence and power to sit on appeal over the judgment of this Court. This is the import of Section 235 CFRN 1999 as amended....

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JUDGEMENT OF COURT REMAINS VALID UNTIL SET ASIDE; COURT OF COORDINATE JURISDICTION CANNOT SET ASIDE COORDINATE COURT JUDGEMENT

It is now settled firstly, that a judgment or order of a court of competent jurisdiction, remain valid and effective, unless it is set aside by an appeal court or by the lower court itself if it found that it acted without jurisdiction. See the cases of Ogueze v. Ojiako (1962),SCNLR 112; (1962) 11 All...

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PAYMENT OF JUDGEMENT ENTERED IN FOREIGN CURRENCY

The present practice is that where an award is made in foreign currency, the judgment will be for the payment of the amount in foreign currency or its naira equivalent converted for the purposes of the enforcement of the judgment at the time of the payment. — Ayoola, JSC. Saeby v. Olaogun (1999) – SC.261/1993...

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ONLY WHEN ERROR IN JUDGEMENT OF COURT BELOW IS SUBSTANTIAL THAT APPEAL WILL BE ALLOWED

At all events, it is not every mistake or error in a judgment that will result in the appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of Justice that the appellate court is bound to interfere. See Onajobi v. Olanipekun (1985) 4 S.C. (Pt.2) 156...

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