ENFORCEMENT OF JUDGMENTS — Nullity — No Degrees of Nullity — All Sales Based on Void Judgment Are Equally Void
Ratio Decidendi
Per Oguntade, JSC, in Saleh v. Monguno (2006) NLC-123-403-2001(SC) at p. 38; Paras A–C:
"It is in my view erroneous to treat the properties comprised in 'lot A' in a manner different to the properties comprised in 'lot B'. Both, at the end of the day, became properties sold in defiance of the law. There can be no degree of a nullity. If it is accepted that because the sale of appellant's four properties was a nullity because, no leave of Court was obtained to sell them, then a fortiori, the sale of appellant's three other properties for which leave was obtained but which leave became a nullity following the judgment of the Court of Appeal declaring the High Court judgment a nullity, also became a nullity."
Explanation / Scope
There are no degrees of nullity. All sales based on void judgments are equally void. The principle applies to enforcement of judgments.