CIVIL PROCEDURE — Fraud — Proof of Fraud — Concealment of Material Proceedings as Fraud
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Ogundele & Anor v. Agiri (2009) NLC-123-134-2004(SC) at p. 10; Paras A–C:
"It is therefore not in doubt that the final judgment as to the extent of the land of each of the parties was given on the 5/10/38 and not the order of 14:7:37. In the case instituted by the respondents in suit No HOS/1/79 only the proceedings of 14:7:37 was produced before the court which led to the judgment delivered by the Hon. Justice S. A. Oloko. … If this proceedings of 5/10/38 has been produced before the court in suit No. HOS/1/79, the judgment of the Hon. Justice S.A. Oloko would have been different. This is a clear case of concealment or false misrepresentation."
Explanation / Scope
This principle establishes that concealment of material proceedings can constitute fraud. Where a party deliberately fails to produce a relevant judgment or proceeding that would have led to a different outcome, it amounts to concealment or false misrepresentation. The principle applies where fraud is alleged in civil proceedings. It ensures that parties act with utmost good faith. The principle reflects the equitable maxim that he who comes to equity must come with clean hands. It prevents parties from benefiting from suppression of material facts. The court must determine if the concealment was material. The principle provides guidance on proving fraud through concealment.