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JUDGEMENT WRITING BY A JUDGE IS A MATTER OF STYLE BUT MUST BEAR ESSENTIAL ELEMENTS

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I accept the view that writing of a judgment is an art. I also accept the view that in carrying out this art, each Judge is free to follow his own style to produce a good product. But it is very essential that a Judge must show a clear understanding of the facts in that case, the issues involved, the law applicable and from all these to draw the right conclusions and make a correct finding on the credible evidence before him.

— Umaru Abdullai, J.C.A. JIMOH ABDULLAHI & Ors. v THE STATE (1995) – CA/K/180/C/94

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MAGISTRATE COURT IS TO DELIVER JUDGEMENT WITHIN TIMEFRAME SET BY THE CONSTITUTION

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)

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GROUNDS UPON WHICH A COURT OF LAW CAN SET ASIDE HIS EARLIER RULING

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

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JUDGEMENT IN REM – IT DETERMINE THE STATUS OF A THING OR PERSON

Now, in Law, a judgment in personam is a judgment against persons who are parties or privies to the particular suit or proceeding alone. It is referred to as judgment inter parties. It is a judgment binding on the parties to the action alone. A judgment in rem on the other hand, is a judgment that determines the status of a person or thing as distinct from referred to as a the particular interest of a party to the litigation. It judgment contra-mundum, binding on the whole World. It is therefore binding, not only on the parties to the dispute but even on non-parties. Therefore, once the status of a person or thing has been pronounced upon by a Court of competent jurisdiction, no person is permitted to assert the contrary of what the Court has determined. See Black’s Law Dictionary (11th Edition) at page 1008; Gbemisola v. Bolarinwa (2014) 9 NWLR (pt. 1411) 1 at 19; Yanaty Petrochemical Ltd v. EFCC (2017) LPELR -43473 (SC) and Ladejobi & Ors v. Oguntayo & Ors (2015) LPELR-4170 (CA). A judgment in rem therefore, is an adjudication which pronounced upon the status of a particular subject matter, by a Court of competent jurisdiction.

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

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SUMMARY JUDGEMENT IS FOR DISPOSAL OF UNCONTESTED CLAIMS

In the instant case after the exchange of pleadings the respondent (as plaintiff at the trial court) brought an application for summary judgment under Order 11 Rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules 1994. The summary judgment procedure is for disposing of cases which are virtually uncontested with dispatch. It applies to cases where there can be no reasonable doubt that the plaintiff is entitled to judgment and where it is inexpedient to allow a defendant to defend for mere purposes of delay. It is for the plain and straight forward, not for the devious and crafty. See U.B.A. Plc Vs Jargaba (2007) 11 NWLR (Pt. 1045) 247 @ 270 F-H per I.T. Muhammad, JSC; Sochipo Vs Leminkainen OY (1986) 1 NWLR (Pt. 15) 230: Adebisr Macqreoor Ass. Ltd. Vs N.M.B. Ltd (1996) 2 NWLR (Pt. 431) 378: (1996) 2 SCNJ 72 @ 81.

— K.M.O. Kekere-Ekun JSC. B.O. Lewis v. United Bank for Africa Plc. (SC.143/2006, 14 January 2016)

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EXECUTORY JUDGEMENT VS DECLARATORY JUDGEMENT

Executory judgment declares the respective rights of the parties and then proceeds to order the defendant to act in a particular way. e.g. to pay damages or refrain from interfering with the plaintiffs’ rights, such order being enforceable by execution if disobeyed. Declaratory judgments, on the other hand, merely proclaim the existence of a legal relationship and do not contain any order which may be enforced against the defendant. Second: A declaratory judgment may be the ground of subsequent proceedings in which the right, having been violated, receives enforcement but in the meantime there is no enforcement or any claim to it … A declaratory judgment is complete in itself since the relief is the declaration. See Vol. 1 Halbury Laws, 4th Ed., para. 185 187; Akunnia v. Attorney General of Anambra State (1977) 5 S.C. (161 at 177).

— Agbaje JSC. Okoya & Ors. V. S. Santilli & Ors. ( SC.206/1989, 23 MAR 1990)

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NULL JUDGEMENTS BECOME MERE DOCUMENTS; COURT CANNOT TAKE JUDICIAL NOTICE OF ALL DOCUMENTS IN HIS REGISTRY

As stated earlier, such judgments exist not as judgments but as documents. They become documents as any other document in the Registry of the court. It would be most tedious to argue that the court could take judicial notice of every document in its registry. Section 73 of the Evidence Act deals with matters, which the court can take judicial notice of. As stated earlier, a judgment declared null exists in fact, it exists as a document in the Registry. In my view, if any party to proceedings desires to make use of such document, it has to be produced before the court. Section 73(3) of the Evidence Act provides that:-“If the Court is called upon by any person to take judicial notice of any facts, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.”

— Nnamani JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

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