NULL JUDGEMENT: WHE...
 
Notifications
Clear all

NULL JUDGEMENT: WHETHER A NULL JUDGEMENT CAN BE THE BASIS OF A VALID DECISION

1 Posts
1 Users
0 Reactions
470 Views
Joined: 1 second ago
Posts: 0
Topic starter  

"The settled position of the law, as within the limits of my humble understanding, as is often cited in Macfoy vs. UAC (1962) 1 AC 100, is that one cannot put something on nothing and expect it to stand; even without any external factor, it would definitely collapse like pack of cards. See: OUT vs. ACB International Bank Plc & Anor (2008) LPELR – 2827 (SC); NIPSS, Kuru vs. Kraus Thompson Organisation & Ors (2015) LPELR – 24922 (CA); UBA vs. Dana Pharmaceuticals Limited (2018) LPELR - 43799 (CA). A null proceeding or judgment is deemed not have even existed at all, it cannot therefore be the basis for the assertion of rights or to command obligation; it has no legal relevance, such judgment cannot be employed as pedestal upon which to concrete a valid and sustainable decision. It therefore stands positive reason that this Court cannot rightly make an order of retrial of a suit which it had declared a nullity on the basis that the Originating processes filed by the Claimant were incompetent, hence the court lacked jurisdiction to entertain the claim. If I may ask, upon which originating process will the order of retrial be made. There was no foundation upon which an order of retrial could be erected."

 

PER T.ABUBAKAR J.C.A in the case of CHIEF OLUWASEGUN OGUNLANA &ORS V TELEMU FASANYA & ORS LER(2019) CA/L/110/2016 https://legalpediaonline.com/4009-2/


   
Quote
Share: