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WHAT IS AN EXECUTORY JUDGMENT

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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 Iragbiji. – Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012

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DISSENTING JUDGEMENT IS NOT BINDING

Learned counsel for the Appellant has urged this Court to adopt the dissenting view of Agbaje JSC as it is more in accord with the law that creates trust. In alternative learned counsel invited this Court to look further into this matter and if necessary depart from the relevant holding, especially the dictum of Olatawura JSC. I wish to state clearly that the views expressed by my lord Agbaje JSC was raised in a dissenting judgment. A dissenting judgment, however powerful, learned and articulate is not the judgment of the Court and therefore not binding. The judgment of the Court is the majority judgment which is binding. See Orugbo v Una (2002) 16 NWLR (Pt. 792) 175 at 208 Paragraphs B-C. The law under which the case of Ogunola & Ors v Eiyekole (supra) was decided, that is the Land Use Act 1978, has not been repealed or altered. It is still the extant law that regulates land administration in this country. The call therefore on this Court to depart from the said decision is without merit.

— P.A. Galumje, JSC. Huebner v Aeronautical Ind. Eng. (2017) – SC.198/2006

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ARBITRAL AWARDS HAVE SAME FORCE AS A JUDGEMENT OF A COURT

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.”

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SOME PRINCIPLES ON THE NATURE OF A COURT’S JUDGMENT

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

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JUDGEMENT DELIVERED AFTER 90 DAYS; MISCARRIAGE HAS TO BE SHOWN TO SET ASIDE

It seems to me of necessity to stress the obvious that although courts are expected to deliver their decision within 90 days after final addresses, where the stipulated time is however not complied with either due to force majeure, inadvertence or neglect, such decision will not be rendered a nullity, unless and until the appellate court seized of the complaint or appeal is satisfied that such late delivery of judgment has occasioned miscarriage of justice. This to my mind is the true import of the provisions of Section 294(1) and (5) of the 1999 constitution aforementioned. See also the decisions in ATUNGWU VS OCHEKWU (2004) 17 NWLR (PT 901) 18; IGWE VS KALU (2002) 5 NWLR (PT 761) 678 and OLOKOTINTIN VS SARUMT (1997) 1 NWLR (PT 480) 222 AT 232.

— S.C. Oseji, JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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AWARDING INTEREST BEFORE JUDGEMENT

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)

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PRESUMPTION AS TO CORRECTNESS OF TRIAL COURT JUDGMENT

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)

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