JURISDICTION ā Inherent Jurisdiction ā Court Has Inherent Jurisdiction to Set Aside Its Own Nullity Judgment
Principle Statement
A person affected by an order that is a nullity is entitled ex debito justitiae to have it set aside. The court in its inherent jurisdiction can set aside its own order without needing an appeal.
Ratio Decidendi (Source)
Per Mohammed, JSC, in Eke v. Ogbonda (2006) NLC-123-64-2001(SC) at p. 8; Paras CāD.
"Those cases appear to me to establish that a person who is affected by an order which can properly be described as a nullity is entitled Ex-debito justitiae to have it set aside. So far as procedure is concerned, it seems to me that the court in its inherent jurisdiction can set aside its own order and that it is not necessary to appeal from it."
Explanation / Scope
Courts have inherent jurisdiction to set aside their own nullity orders. The principle applies to civil procedure.
