"It is settled law that where a Court made an order without compliance with the rules of natural justice or is in breach of one of the conditions precedent to the exercise of jurisdiction, it is vested with the inherent jurisdiction to set aside such an order. In AFRICAN CONTINENTAL BANK PLC VS LOSADA NIG. LTD & ANOR (Supra) at 167, the Supreme Court held among others as follows:- "It was essential for the motion to have been served since the Court has no jurisdiction over a person who has not been served unless he of course submits to jurisdiction. The two lower Courts were therefore clearly right when they came to the conclusion that the Judgment obtained thereon was a nullity and ought to be set aside." In this appeal, I am of the view that the trial Judge was wrong when he declined to set aside the Judgment on the grounds that same would amount to sitting on appeal over the Judgment of a brother Judge. Where a Court proceeds to determine a suit or make an order where service on party has not been effected as in this case, such Judgment or Order is a nullity and the Court is entitled to have the Judgment set aside.

Furthermore, time does not run to set aside a Judgment or Order which is a nullity. Once it is brought to the attention of the Court, it must as of necessity set aside such Judgment or Order. See - MARK VS EKE (2004) 1 SC Part II Page 1. In UKACHUKWU VS UBA (2005) 9 NWLR Part 930 at Page 370 particularly at 389, it was held among others that:- "A Court can set aside its Judgment in any of the following five instances and circumstances:- (1) When the Judgment is obtained by fraud or deceit either in the Court or of one or more parties. Such a Judgment can be impeached or set aside by means of an action which may be brought without leave. See - OLUFUNMISE VS FALANA (1990) 3 NWLR Part 136 Page 1; - ALAKA VS ADEKUNLE (1959) LLR Page 76. (2) When the Judgment is a nullity, a person affected by an Order of Court which can properly be described as a nullity is entitled ex debito justitiae to have it set aside. SKEN CONSULT LTD VS UKEY (1981) 1 SC Page 6; - OGUEZE VS OJIAKO (1962) 1 SCNLR Page 112; - OKAFOR VS A.G. ANAMBRA STATE (1991) 6 NWLR Part 200 page 65 at 91. (3) When it is obvious that the Court was misled into giving Judgment under a mistaken belief that the parties consented to it - AGUNBIADE VS OKUNUGA (1961) ALL NLR Page 110; OBIMONURE VS ERINOSHO (1966) 1 ALL NLR PAGE 250 referred to. (4) Where the Judgment is given in the absence of Jurisdiction; (5) Where the procedure adopted was such as to deprive the decision or Judgment of the character of a legitimate adjudication." See also the following cases:- - S.A. OMOKEWU & ORS VS ABRAHAM OLABANJI & ANOR (1996) LPELR - 2648 (SC); - CHIME VS CHIME (2001) 1 S.C. Part II Page 1; - ONU VS IDU (2006) 12 NWLR Part 995 Page 657; - JEV & ANOR VS S.D. IYORTOM & ORS (2015) LPELR - 24420 (SC); - BELLO VS INEC (2010) 8 NWLR Part 1196 Page 342 (SC)."

Per BADA, J.C.A IN DAEWOO (NIG) LTD v. IHEAWARA & ANOR CITATION: (2018) LPELR-43513(CA)