LEGAL PRINCIPLE: CIVIL PROCEDURE – Consent Judgment – Persons Bound by Consent Judgment – Whether Binds Person Not Party to It
PRINCIPLE STATEMENT
The consequence of a consent judgment is that it cannot and does not bind a person who is not a party to it either directly or by representation.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Ogunkunle & Ors v. Eternal Sacred Order of the Cherubim and Seraphim & Ors (2001) NLC-1921997(SC) at p. 8; Paras B–C.
"The consequence of a consent judgment is that it cannot and does not bind a person who is not a party to it either directly or by representation."
EXPLANATION / SCOPE
A consent judgment binds only those who are parties to it—either directly or through proper representation (e.g., class actions, representative suits). A person not named or represented cannot be bound. Consent judgments are contractual in nature; only consenting parties are obligated. Imposing liability on non-parties violates basic contract and procedural principles. The court cannot enforce a consent judgment against a stranger to the agreement. This protects individuals from being bound by settlements they did not agree to. The party seeking to enforce against a non-party must show legal representation or privity. Absent that, the judgment has no effect.