Ratio DecidendiRatio DecidendiRatio Decidendi


(2005) JELR 45263 (CA)    

Court of Appeal  ·  CA/L/53/2003 ·  5 Jul 2005 ·  Nigeria
Other Citations
Sogbesan v. Ogunbiyi (2006) 4 NWLR (Pt.969)18
Sogbesan v. Ogunbiyi (2006) 4 NWLR (Pt. 969) 18
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
consent judgment
lower court
right of appeal
grounds of appeal
high court
notice of appeal
learned counsel
leave of the high court
decision of the federal high court
exercise of the right
leave of the federal high court
applicable law
constitutional provision
constitutional provisions
final decisions
preliminary objection
2nd day of march
academic exercise
ambit of section
cases of abuul v
constitution of the federal republic of nigeria
contemplation of the law
decisions of the federal high court
fuller reasons
honourable court
judgment of court
justice rhodes vivour of the lagos high court
leading judgment
learned trial judge
legal effect
main issues
mrs. i. o. harrison
original jurisdiction
point of observation
provisions of the law
provisions of the rules of this court
respective briefs of arguments
said record
subsequent withdrawal of authority
such counsel
support of the motion
technical error
useful purpose

OGUNBIYI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of his Lordship, Justice Rhodes Vivour of the Lagos High Court, delivered on the 6th July, 2001, whereby the appellant's application dated 2nd day of March, 1998, was dismissed. The appellant desired to set aside the consent judgment entered into by the parties and signed on the appellant's behalf by his counsel. The appellant claimed that the judgment even though signed by his counsel on his behalf was however without his instructions and very much against his will.

The facts that gave rise to this appeal are simple and briefly as follows: At pages 9 - 10 of the record of proceedings, the lower court on the 17th March, 1997, entered judgment in the suit No. LD/2896/95, in terms of the settlement agreed upon between the parties and evidenced at pages 11 and 12. Consequent to same, the appellant as the defendant, brought a motion on notice dated 2nd March, wherein he prayed as follows:

"(1) Extension …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login