CIVIL PROCEDURE — Contract — Interpretation — Court Cannot Rewrite Agreement Between Parties
Ratio Decidendi
Per Ogbuagu, JSC, in Race Auto Supply Co. Ltd & Ors v. Akib (2006) NLC-123-376-2001(SC) at pp. 24–25; Paras C–E:
"A consent judgment by its nature, is a contractual agreement between the parties. That being so, no court, is allowed to re-write the contract entered into by parties thereto. When or if parties, enter into an agreement or written terms of settlement, since they are bound by its terms, one cannot legally or properly read into the said agreement or settlement terms on which the parties have not agreed. It is unfair to do so."
Explanation / Scope
Courts cannot rewrite consent judgments or add terms not agreed by parties. The principle applies to contract and civil procedure.