CIVIL PROCEDURE — Res Judicata — Consent Judgment — Recognition of Rights Through Exclusion of Parcels in Consent Judgment
Ratio Decidendi
Per Onnoghen, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at p. 14; Paras C—D:
"By agreeing to exclude the parcel of land claimed by the 6th - 8th defendants from the large piece or parcel of land in dispute from the consent judgment of 1972, it means that the parties to the consent judgment of 1980 recognised the right of the 6th - 8th defendants to the portion of the land they claimed as evidenced in survey plan NO. CW 649/62 of 20/11/62."
Explanation / Scope
This principle establishes that the exclusion of a parcel of land from a consent judgment amounts to recognition of the rights of the party claiming that parcel. The principle applies where consent judgments exclude parcels. It ensures that excluded parcels are recognized as belonging to the claimant. The principle reflects the effect of exclusion. It prevents later challenges to recognized rights. The court must give effect to the exclusion. The principle provides guidance on consent judgments.