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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This is because it is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties.
– Iguh, JSC. Oshatoba v. Olujitan (2000)
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
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
By importing equitable consideration into his judgment, the learned trial Judge by what I term judicial legislation threw overboard and or repealed Exhibit –D” which is the applicable customary law to the chieftaincy. The court does not have that power. The office of the judge is jus dicere, not jus dare. See Okumagba v. Egbe (1965) All NLR 62 at 67.
— Ogwuegbu, JSC. Ogundare v Ogunlowo (1997) – SC.25/1994
Onwu v. Nka (1996) 7 NWLR (Pt.458) 1 at 17 paragraph E, where the Supreme Court, per Iguh JSC. had this to say: “The law is well settled that where disputes or matters in difference between two or more parties are by consent of the disputants submitted to a domestic forum inclusive of arbitrators or a body of persons who may be invested with judicial authority to hear and determine such disputes and matters for investigation in accordance with customary law and general usages, and a decision is duly given, it is as conclusive and unimpeachable (unless and until set aside on any of the recognized grounds) as the decision of any constituted court of the land, such a decision is consequently binding on the parties and the courts in appropriate cases will enforce it.”
It is trite that there must be reason for every judgment. — Ejembi Eko, JSC. Cappa v NDIC (2021) – SC.147/2006
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