JUDGMENT OBTAINED BY FRAUD

• Date: 06 February 2019

(1) "It is quite clear and well settled by authorities that a judgment obtained by fraud can be set aside on an action being brought afterwards. However, as Baggallay, L.J., said in Flower v. Lloyd (1878-9) 10 Ch. D 327 at 334 before such an action can succeed, it shall be clearly proved that a judgment has been obtained by the fraud of one of the parties which judgment but for such fraud would have been in favour of the other party." - Per Agbaje, J.S.C. in Olufunmise v. Falana Suit No. S.C. 137/ 1987; (1990) 3 N.W.L.R. (Pt. 136) 1 at 20.

(2) "The learned authors of Halsbury’s Law of England 2nd Edition Vol. 22 page 790 set out the Law in paragraph 1669 as follows: - "A judgment which has been obtained by fraud, either in the Court or of one or more of the parties, can be impeached or set aside by means of an action which...