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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The power to award interest before judgment is based on statute or a right based on the common law or some equitable principle or contract. The nature of this interest makes it mandatory that before an award can be claimed, the facts in support must be pleaded and evidence lead to support the claim. The rate of interest and date to calculate from should be lead in evidence and clear.
– Nwodo, JCA. OLAM v. Intercontinental Bank (2009)
A court of law has the inherent power to set aside its decision or that of a court of co-ordinate jurisdiction under special circumstances, for instance where the decision is taken without jurisdiction, where a misrepresentation is made which influenced the decision, where there is a suppression of material facts or where the order is irregularly granted. Therefore, in appropriate situations, a court can invoke its inherent jurisdiction or power to set aside its judgment or order where it is made without jurisdiction or in appropriate cases where the order or decision is afflicted by another virus capable of rendering the decision or order ineffective null and void. See, UBA PLC VS. MAGAMA NIGERIA LIMITED & ANOR (2013) LPELR – 20685 (CA), OBIMONURE VS. ERINOSHO & ANOR (1966) LPELR – 25301 (SC) and ALAYA VS. ISAAC (2019) LPELR – 46881 (CA). The law is that where a court makes an ex – parte order (as in the present case) without jurisdiction, the same order could be varied or discharged depending on the circumstances of the case, the grounds under which the court could do so as rightly highlighted by the learned counsel to the Respondent are as follows: (i) If the plaintiff has not used his administrative powers that might have resolved the difficulty; (ii) if default has been made in giving security for costs: (iii) if the affidavit has not been filed when the injunction was moved for; (iv) if it was granted on a suppression or misrepresentation of material facts; (v) if it was irregularly granted; (vi) if the plaintiff failed to attend to be cross examined: (vii) if there had been delay in complying with an undertaking to amend the writ by adding a party as plaintiff; (viii) if there is non-disclosure of material facts.
— C.N. Uwa, JCA. FRN v Ozekhome (2021) – CA/L/174/19
In any case, section 294(1) of the Constitution is intended to ensure that a court delivers its judgment before the lapse of human memory. Those who preside over the Magistrates’ Court have no claim to better and longer memory than the Judges of Superior Courts, nor can there be a double standard of justice delivery, one in the lower and the other in the High Courts.
— Ngwuta JSC. The State v. Monsurat Lawal (SC. 80/2004, 15 Feb 2013)
The law is that the conclusion of the trial Court on the facts is presumed to be correct, so that presumption must be displaced by the person seeking to upset the judgment on the facts.
– Ogakwu, J.C.A Fijabi v. FBN (2021)
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
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 at 163; Oje v. Babalola (1991) 4 NWLR (Pt.185) 267 at 282; Ukejianya v. Uchendu (1950) 13WACA 45 at 46; Azuetonma Ike v. Ugboaja (1993) 6 NWLR (Pt.30 1)539 at 556; Ahiodun Famuroti v. Madam Agbeke (1991) 5 NWLR (Pt.189) 1; (1991) 6 S.CN.J. 54 at 64 etc. No miscarriage 1 of justice has been occasioned by the observation of the court below that the return of the title deeds to the 1st appellant during the pendency of the appeal had put an end to the dispute.
— Iguh, JSC. Onamade v ACB (1997) – SC.199/1990
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