CASE TITLE: MAINSTREET BANK REGISTRARS LTD v. OGUNDIMU (2022) LPELR-57273(CA)
JUDGMENT DATE: 6TH APRIL, 2022
PRACTICE AREA: CIVIL LAW.
LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This is a ruling on an application to set aside the judgment of the Court.
FACTS:
By an application filed pursuant to Order 6 Rule I of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of this Court, the Appellant/Applicant sought the following reliefs:
1. AN ORDER declaring the Judgment of this Honourable Court delivered On the 24th day of November 2017 a nullity for being a judgment delivered after the demise of Kehinde Abimbola (“late Respondent”).
2. AN ORDER setting aside the judgment of this Honourable Court delivered on the 24th day of November 2017 for being a nullity as Kehinde Abimbola (“late Respondent”) had lost legal personality before the judgment was delivered.
3. AND for such further or Other Orders as this Honourable Court may deem fit to make in the circumstances.
The grounds of the application were that Kehinde Abimbola (late Respondent) died on the 25th day of October 2017 wherein she ceased to have any legal personality entitling her as a party to the judgment of the Court delivered on the 24th day of November 2017. That the judgment of the Court of 24th November 2017 is a nullity for being a judgment delivered in favour of a dead person after her death.
ISSUES FOR DETERMINATION:
The application was determined upon consideration of the following issues:
1. Whether this application is competent
2. Whether the judgment delivered on the 24th day of November 2017 in this matter is a nullity.
3. Whether a Court of competent jurisdiction has the power to set aside its judgment which is a nullity?
DECISION/HELD:
The application was granted and the judgment of the Court was set aside for being a nullity.
RATIOS:
CASE TITLE: NCS BOARD v. LAWAL (2024) LPELR-62774(CA)JUDGMENT DATE: 18TH JULY, 2024PRACTICE AREA: CIVIL PROCEDURELEAD…
CASE TITLE: KASUWAV v. NIGERIAN NAVY (2024) LPELR-62921(CA)JUDGMENT DATE: 19TH AUGUST, 2024PRACTICE AREA: CRIMINAL LAW…
CASE TITLE: EDIDIONG EYEN DEEP SEA FISHING CO-OPERTIVE INVESMENT AND CREDIT SOCIETY LTD v. MOBIL…
INTRODUCTION The new Supreme Court Rules 2024 (the “2024 Rules”) effectively repealed and replaced the…
CASE TITLE: OKORIE & ANOR v. INEC & ORS (2024) LPELR-62967(CA) JUDGMENT DATE: 9TH OCTOBER,…
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 16th day of…