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SETTING ASIDE OF JUDGMENT – INSTANCES WHEN THE COURT CAN EXERCISE ITS POWER IN SETTING ASIDE ITS OWN DECISION

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“Indeed as a general rule, every court of record has inherent jurisdiction on application and in appropriate cases and circumstances to set aside its judgment or decision. This jurisdiction may be exercised where for instance, the judgment or decision sought to be set aside is null and void ab- initio or there was a fundamental defect in the proceedings which vitiates and renders the same incompetent and invalid. See Alhaii Taofeek Alao vs ACB Ltd (2000) 2 SCNLR 1067: Salami Omokew u & Ors vs Abraham Qlabanii & Anor (1996) 3 NWLR (Pt 435) 126; Sken consult (Nig) Ltd vs Ukey (1981) 1 SC6In such a case the court may ex-debito justitiae set aside its decision and may make necessary consequential orders that the justice of each individual case demands. See Jatau vs Ahmed (2003) 4 NWLR (Pt 811) 498.” PER P. A. GALINJE, J.S.C, in

Exxon Mobil Corporation V Hrh Obong (Dr) Effiong B Archianga & Ors

LER [2018]SC. 631/2014

APPEAL NO: SC. 631/2014 https://legalpediaonline.com/exxon-mobil-corporation-v-hrh-obong-dr-effiong-b-archianga-ors/



   
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