AKINWUNMI & ORS V. IDEWU & ORS

• Pages: 299-301

299

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NIGERIAN SUPREME COURT CASES

[1969]

N.S.C.C.

AKINWUNMI & ORS V. IDEWU & ORS

5

1.

ALIMI A. AKINWUNMI

2.

AMUSA 0. AKINWUNMI

10

3.

KASUMU

0.

AKINWUNMI

APPELLANTS

4.

ALLI. A. AKINWUNMI

5.

AMODU AKINWUNMI

(For themselves and on

behalf of Akinwunmi Family)

15

V

1.

KASALI IDEWU

2.

RAIMI APENA

3.

WAHABI AMUSA

4.

MOGIDI IDOWU

RESPONDENTS

20

5.

ABUDU 0. AIYERUN

6.

RABIU AIYERUN

(For themselves and on behalf

of Ikate Chieftaincy Family)

SUIT NO. SC 319/1967

25

SUPREME COURT OF NIGERIA

COKER,



J.S.C.

LEWIS,



J.S.C.

FATAI-WILLIAMS, J.S.C.

2nd October, 1969.

30

Civil Procedure - Action to set aside consent judgment - Mistake not pleaded

but even if it were consent judgment could not be set aside for unilateral

mistake - No representation order for defendants before consent judgment but

bound by their conduct.

35

ISSUE:

1.

In a plaintiff's case, is it necessary for a Judge to consider every issue raised,

including the behaviour of the parties and witnesses in his judgment?

FACTS:

40

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This was an action for a declaration that consent judgment was made

per in-

curiam

on the ground that compromise by the plaintiffs' counsel was made under

a misapprehension of their intentiOns and that the consent judgment be set aside.

The High Court found in the plaintiffs' favour. The defendant appealed.

HELD:

45

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1. There was no evidence (and pleading) in support of the ground on which the

trial Judge found in favour of the plaintiffs and his judgment must be set aside.

2.

The trial Judge did not make full use of the opportunity he had of hearing and

seeing the witnesses and had clearly omitted to see the monstrosities in the

plaintiff's case initiated, pleaded and sought to be proved.

50

OBITER:

Even if unilateral mistake had been pleaded properly, the Supreme Court was

satisfied that no grounds were shown to establish that a consent judgment can in

the circumstances such as were here present entitle the Court to set aside the con-

sent judgment on that ground.