CIVIL PROCEDURE — Consent Judgment — Nature and Effect — Contract Creating New Rights Between Parties
Ratio Decidendi
Per Onnoghen, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at p. 13; Paras A—C:
"Consent judgments are not like the regular judgments of the court entered after a trial conducted by the court either summarily or upon full trial. It is not dependant upon exchange of pleadings or calling of evidence and/or address of counsel. In fact there is no stage in the proceedings where the law requires a consent judgment to be entered as the same can be entered at any stage in the proceedings because it is simply based on agreement between the parties to the litigation which agreement they consider binding on them and those who claim through them."
Explanation / Scope
This principle establishes that a consent judgment differs from regular judgments, as it is based on agreement between parties and can be entered at any stage without pleadings, evidence, or address. The principle applies where consent judgments are entered. It ensures that such judgments are recognized. The principle reflects the consensual nature of the judgment. It allows flexibility in timing. The court must formalize the agreement. The principle provides guidance on consent judgments.