CIVIL PROCEDURE — Setting Aside Judgment — Conditions for Setting Aside Judgment of Supreme Court — Alao v. ACB Ltd Conditions
Ratio Decidendi
Per Ngwuta, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at pp. 35—36; Paras D—A:
"This Court, in Alao v. ACB Ltd. (supra), stated five (5) conditions under which the Court can set aside its judgment or order. They are: (1) When the judgment was obtained by fraud. (2) When the judgment is a nullity such as when the Court itself was not competent. (3) When the Court was misled into giving judgment under a mistaken belief that the parties have consented to it. (4) When the judgment was given without jurisdiction. (5) Where the procedure adopted was such as to deprive the decision or judgment of the character of a legitimate adjudication."
Explanation / Scope
This principle establishes the five conditions for setting aside a Supreme Court judgment: fraud, nullity, mistaken belief of consent, absence of jurisdiction, or procedure depriving the judgment of legitimate adjudication. The principle applies where judgments are challenged. It ensures that only exceptional cases are reopened. The principle reflects the limited scope of setting aside. It prevents abuse. The court must find an exception. The principle provides guidance on setting aside judgments.