Judgment and Order (536)
HELD:
"Learned senior counsel for the Applicants contended that the amendment sought is supported by the evidence established on record and that the trial Court has the power to grant injunction as a consequential order even where it is not specifically claimed.
HELD:
"This Court (or any Court for that matter) is entitled ex debito justitiae to set its judgment that is a nullity or made without jurisdiction.
HELD:
"There is no gainsaying that a dead person ceases to have legal personality from the moment of death (See IN RE OTUEDON (1995) NWLR (PT. 392) 655 at 667).
HELD:
"What then is the effect of a null judgment?
HELD:
"It is worthy of note that even in the case of Sapo vs Sunmonu (supra) relied upon by the Respondent, the Supreme Court has recognized and restated the law that a judgment obtained against a dead person is a nullity.
HELD:
"Order 6 Rule 11 of the defunct 2016 Rules which is in pari materia with Order 6 Rule 10 of the current Rules, i.e., Court of Appeal Rules, 2021, prescribed time frame within which an application to set aside judgment shall be filed. It provides:
HELD:
"It is a settled position of the law that a subsisting valid decision of a Court is binding and can only be set aside on appeal.