LEGAL PRINCIPLE: CIVIL PROCEDURE – Judgments and Orders – Presumption of Correctness – Burden of Rebuttal
PRINCIPLE STATEMENT
It is settled practice that there is a presumption of correctness in favour of a court's judgment. Unless and until that presumption is rebutted and the judgment is set aside, it subsists and must be obeyed. It cannot for any reason under our law be ignored.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Babatunde & Ors v. Olatunji & Anor (2000) NLC-1481995(SC) at p. 6; Paras D–E.
"It is settled practice that there is a presumption of correctness in favour of a court's judgment. Unless and until that presumption is rebutted and the judgment is set aside, it subsists and must be obeyed. It cannot for any reason under our law be ignored."
EXPLANATION / SCOPE
A court’s judgment enjoys a presumption of correctness. It remains binding and must be obeyed until set aside on appeal or by competent proceedings. No party may ignore a judgment based on their own assessment of its validity. The proper remedy is to challenge it through judicial processes, not self-help. This presumption maintains order, respect for judicial authority, and the rule of law. Even judgments believed to be erroneous must be obeyed pending appellate review. The burden lies on the party challenging the judgment to rebut the presumption.