LEGAL PRINCIPLE: CIVIL PROCEDURE — Judgment in Default of Pleadings — Finality Where It Disposes of Rights of Parties
PRINCIPLE STATEMENT
A judgment in default of pleadings that has completely put an end to the action between the appellant and the respondent qualifies as a final judgment as it has disposed of the rights of the parties thereto. The finality is not in doubt notwithstanding that the case against other defendants still subsists.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Iwueke v. Imo Broadcasting Corporation (2005) NLC-892001(SC) at p. 9; Paras A–C.
"I am of the firm view that the judgment in default of pleadings reproduced supra, as far as the appellant and the respondent are concerned, has completely put an end to the action between them and therefore qualifies as a final judgment particularly as it has disposed of the rights of the parties thereto i.e. appellant and the respondent. I am also of the view that the finality of that decision is not in doubt, notwithstanding the fact that the appellant's case against the 2nd-5th defendants still subsists at the trial court: the parties whose rights in the action were disposed of in the judgment in issue being the appellant and respondent."
EXPLANATION / SCOPE
A default judgment is final as to the parties whose rights are disposed of, even if the action continues against others. Finality is determined by whether the decision ends the matter between the particular parties. The principle applies to civil procedure. The rule recognizes that a single action may have multiple final judgments as to different parties.