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EVERY JUDGEMENT TAKES EFFECT ON PRONOUNCEMENT

Dictum

In the case of INTERCONTRACTORS NIGERIA LTD v. U.A.C. OF NIGERIA LTD (supra) or (1988) (Pt. 1) Vol. 9 NSCC 737 at 752. This court per KARIBI WHYTE JSC stated:- “It is well settled that every judgment takes effect on pronouncement – see BANK OF WEST AFRICA LTD v. N.I.P.C LTD [1962] LLR 31; OLAYINKA v. ELUSANMI [1971] 1 NMLR 277. A judgment debtor seeking to stay the execution must show that he is challenging the judgment, or is asking for time to comply with the terms of the judgment.”

— D. Musdapher JSC. M.O. Olatunji v. Owena Bank (PLC) & Anor. (SC.349/2002, 25 April 2008)

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PARTY NOT BOUND BY JUDGMENT ON VENDOR AFTER LAND PURCHASE

In Mercantile Investment & General Trust Co. v. River Plate Trust, Loan & Agency Co. (1894)1 Ch 578 at 595 said the learned Judge: “Moreover, if the claim of the plaintiff company could be regarded as one affecting land, notwithstanding that no registration of that claim had been made in Mexico, which alone could validly bind the land there, then the English Company would be entitled to say that they were purchasers of the land prior to that action, notwithstanding that their title may also not have been perfected by registration. A prior purchaser of land cannot be estopped as being privy in estate by a judgment obtained in an action against the vendor commenced after the purchase.”

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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 NLR 58 at 61; Williams v. Sanusi (1961) All NLR 334 at 337; Odiase v. Agbo (1972) 1 All NLR (Pt.1) 170 at 176; Melifonwu v. Egbuyi (1982) 9 SC 145; Ajao v. Alao (1986) 5 NWLR (Pt. 45) 802 at 823 and many others. Secondly, in the absence of statutory authority or except where the judgment or order is a nullity, one Judge, has no power, to set aside or vary the order of another Judge of concurrent and co-ordinate jurisdiction. See the cases of Amanabu v. Okafor (1966) 1 All NLR 205 at 207; Okorodudu v. Ejuetami (1967) NMLR 282 at 283; Akporue & Anor v. Okei (1973) 12 SC 137; Uku v. Okumagba (1974)1 All NLR (Pt. 1)475; Wimpey(Nig.)Ltd. v. Balogun (1986) 3 NWLR (Pt. 28) 324 at 331 and Orthopaedic Hospital Management Board v. B. B. Apugo & Sons Ltd. (1990) 1 NWLR (Pt.129) 652 at 657 just to mention but a few. The rationale or reason for this, is because, it is now firmly established that there is only one High Court in a State.

— I.F. Ogbuagu, JSC. Witt Ltd. v Dale Power (2007) – SC.240/2000

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CIRCUMSTANCES WHERE COURT MAY SET ASIDE ITS OWN JUDGEMENT

Circumstances in which a court may invoke its inherent power to set aside its judgment or order are:- (1) To correct any clerical error or mistakes arising from accidental slip or omission or to vary the judgment or order so as to give effect to its meaning or intention under the Rules of Court Order 5 rule 3 Court of Appeal Rules, 1981. (2) Until a court pronounces a judgment on merit or by consent of the parties a court retains the power to set aside its default judgment obtained in the absence of one of the parties or default of pleadings – The power to do so is however discretionary and has to be exercised judiciously. Mohammed v. Husseini (1998) 14 NWLR (Pt.584) 130; paragraphs D-E. Williams v. Hope Rising Voluntary Funds Society (1982) 1-2 SC 145; (3) Where a judgment has been obtained as a result of fraud practiced by one of the parties Ojiaka v. Ogueze(1962) 1 SCNLR 112, (1962) 1 All NLR 58; Ekerete v. Eke (1925) 6 NLR 118; Craig v. Kanseen (1943) K.B. 256; Agunbiade v. Okunoga (1961) 1 All NLR 110. (4) Where a judgment is a nullity, due to a fundamental defect which goes to the issue of jurisdiction and competence of the court. J. A. Folorunso v. Shaloub (1994) 3 NWLR (Pt.333) 413 at 422, paragraphs G-H; Skenconsult (Nig.) Ltd. Ukey (1981) 1 SC 6.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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WHAT IS AN EXECUTORY JUDGMENT

An executory judgment or order is one that states the respective rights of the parties and goes the extra mile to order the defendant to act in a particular way or refrain from interfering with the plaintiffs’ rights, e.g. to pay damages or as in this case to stop parading himself as the Eesa of Iragbiji. – Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012

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SOME PRINCIPLES ON THE NATURE OF A COURT’S JUDGMENT

1. A judgment or ruling of a competent court ought not to be illusory, but ought to have its consequences. One consequence of the Order of the Court of Appeal dated 13/11/85 is the restoration of Chief Ojukwu to his residence at No. 29 Queen’s Drive. The applicants by their delaying tactics have so far made that order illusory.

2. A judgment once given should be accepted as correct until the contrary is proved. This can only be done by and in an appropriate higher Court of Appeal – in this case the Supreme Court. This Court has not yet over-ruled or set aside the Order of the Court of Appeal of 13/11/85.

3. He who is in defiant disobedience of the law – here an Order of court – cannot appeal to the same law to help him continue in his disobedience.

4. The Applicants in this Motion are asking the court to exercise its discretion in their favour. The exercise of discretion is equitable and the function of equity is to supplement the law never to counteract or contradict the law.

– Oputa, JSC. Military Governor v. Ojukwu (1986) – SC.241/1985

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NIGERIAN JUDGEMENTS CAN BE ENTERED IN FOREIGN CURRENCY

If there was any doubt that judgment can now be entered in foreign currency as the Court of Appeal had done, the opinion of Ogundare, JSC in Koya v. United Bank for Africa Ltd. (1997) 1 NWLR (Pt. 481) 251, 269 – 289 should, in my opinion, lay such doubt to rest. After a review of several local and English authorities he said at p. 289: “It is my respectful view that courts in this country can claim jurisdiction to entertain and determine cases where sums in foreign currencies are claimed. The old rule in England, as well as in Nigeria, is judge-made and in the light of present day circumstances of extensive international commercial relationships, that rule should give way to a new rule as now in England more so that the difficulties hitherto experienced in enforcing such judgments no longer apply.”

— Ayoola, JSC. Saeby v. Olaogun (1999) – SC.261/1993

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