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ONCE A COURT DELIVERS JUDGEMENT IT IS FUNCTUS OFFICIO; EXCEPTIONS THAT EXISTS

Dictum

It is settled law that once a Court has delivered its decision on a matter, it becomes functus officio with regard to that matter. What this means is that a Court cannot sit as an appellate Court over its decision; once it has decided a matter, it ceases to be seized of it, and it cannot re-open it for any purpose whatsoever – see Ogboru V. Ibori (2005) 13 NWLR (Pt. 942) 319 Sun Insurance V. LMBS Ltd. (2005) 12 NWLR (Pt 940) 608, Ukachukwu V. Uba (2005) 18 NWLR (Pt 956) 1, Ubeng V. Usua (2006) 12 NWLR (Pt 994) 244 and Onyekweli V. INEC (2009) 6 NWLR (Pt 1136) 13. But the law also says that Courts of record have the inherent jurisdiction to set aside their Judgments/decision/order, in appropriate cases. When a. The Judgment is obtained by fraud or deceit either in the Court or of one or more of the Parties; b The Judgment is a nullity; c. It is obvious that the Court was misled into giving Judgment under a mistaken belief that the parties consented to it; d. The Judgment was given in the absence of jurisdiction; e. The proceedings adopted was such as to deprive the decision or Judgment of the character of a legitimate adjudication; or f. Where there is fundamental irregularity. See Alao V. ACB (2000) 9 NWLR (Pt 672) 264, Tomtec (Nig.) Ltd. V. FHA. (2009) 16 NWLR (Pt 1173) 358 SC, and Jev V. lyortom (supra).

— A.A. Augie, JCA. Elias v Ecobank (2016) – CA/L/873/2013

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BECAUSE A JUDGEMENT IS A NULLITY DOES NOT MEAN IT IS NON-EXISTENT

I must observe that in trying to answer these important questions, learned counsel for the respondents tried to take umbrage under the statement of Lord Denning in Macfoy v. United African Co. Ltd. (1961) 3 W.L.R. 1405 at p.1409, P.C. where he said: Any purported exercise of any function being without any legal or Constitutional...

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In Dike & Ors v. Nzeka II & Ors (1986) LPELR – 945 (SC), the Supreme Court held thusly – “It is therefore necessary to have a clear idea of the distinction between a judgment tin rem and a judgment in personam. A judgment is said to be in rem when it is an adjudication...

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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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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...

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