LEGAL PRINCIPLE: CIVIL PROCEDURE – Default judgment – Power of trial court to set aside default judgment despite pending notice of appeal
PRINCIPLE STATEMENT
A trial court retains the jurisdiction and power to set aside a default judgment it delivered even where a notice of appeal has been filed against that judgment, provided the appeal has not been entered in the appellate court. The mere filing of a notice of appeal does not oust the trial court's jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Mohammed v. Husseini (1998) NLC-2331994(SC) at pp. 26–27; Paras C–A.
"A trial court retains the jurisdiction and power to set aside a default judgment it delivered even where a notice of appeal has been filed against that judgment, provided the appeal has not been entered in the appellate court. The mere filing of a notice of appeal does not oust the trial court’s jurisdiction to entertain an application to set aside a default judgment."
EXPLANATION / SCOPE
The trial court retains jurisdiction to set aside default judgment until the appeal is entered. Filing a notice of appeal does not oust jurisdiction. The principle applies to default judgments. The court may hear the application. The rule promotes efficient resolution. The appellate court’s jurisdiction is not yet invoked. The principle is well-established.