CIVIL PROCEDURE — Void orders — Setting aside ex debito justitiae — Vacation order made without jurisdiction
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Onwuka v. Ononuju & Ors (2009) NLC-123-246-2002(SC) at p. 25; Paras B-C:
"The discontinuance of this suit during the court's annual vacation has been granted by the trial court against the clear import of the provisions of Order 26 Rule 9(2)(b) and (c) supra and therefore incompetent and is liable to be set aside ex debito justitiae. In other words the order of 26/8/98 is manifestly void."
Explanation / Scope
This principle establishes that an order made without jurisdiction, such as a vacation order contrary to procedural rules, is void and can be set aside ex debito justitiae (as of right). The principle applies where a court acts without jurisdiction. It ensures that void orders are not allowed to stand. The principle reflects that a void order is a nullity. It can be challenged at any time. The court must set aside such orders. The principle provides guidance on the effect of orders made without jurisdiction. It protects parties from invalid orders.