LEGAL PRINCIPLE: CIVIL PROCEDURE – Consent Judgment – Setting Aside – Grounds for Setting Aside Consent Judgment
PRINCIPLE STATEMENT
A consent judgment will be set aside on any ground which may invalidate an agreement on which it is founded would be rescinded. When therefore, a consent judgment is sought to be set aside on the ground of fraudulent misrepresentation, the same principles apply as would apply were the action one for rescission of a contract.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Afegbai v. A.G., Edo State & Anor (2001) NLC-1111996(SC) at p. 4; Paras A–B.
"A consent judgment will be set aside on any ground which may invalidate an agreement on which it is founded would be rescinded. When therefore, a consent judgment is sought to be set aside on the ground of fraudulent misrepresentation, the same principles apply as would apply were the action one for rescission of a contract."
EXPLANATION / SCOPE
A consent judgment is set aside on grounds that would invalidate the underlying agreement (e.g., fraud, misrepresentation, mistake, duress, undue influence). When setting aside for fraudulent misrepresentation, the same principles as contract rescission apply. The party seeking to set aside must prove the misrepresentation and that they relied on it to their detriment. The burden is higher than in ordinary contract cases because a court judgment is involved. However, the court will not uphold a consent judgment obtained by fraud. The remedy is to set aside the judgment and restore the parties to their pre-judgment positions. Time limits for challenge apply.