NIG. WATER RESOURCES DEV. LTD V. JAIYESIMI

• Pages: 174-177

174

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

NIG. WATER RESOURCES DEV. LTD V.

JAIYESIMI

NIGERIA WATER RESOURCES

DEVELOPMENT LIMITED

V

A.K. JAIYESIN11

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

BRETT,



F.J.

BAIRAMIAN,



F.J.

12th June, 1963.

APPELLANTS

RESPONDENT

SUIT NO. FSC 4

2

/

1

962

Constitutional Law - Constitution of the Federation, 1960, and 1963 - Right of

Appeal in Civil cases.

Practice and Procedure - Judgment - Meaning of consent judgment or order.

ISSUE:

1. Whether a defendant can appeal from a consent judgment without seeking leave

of the court.

FACTS:

In an action at the High Court, the parties agreed that the plaintiff (now Respond-

ent) be awarded £850 as rent for the one year plus £425 being 6 months rent in

lieu of notice; and the trial Judge in a note stated - "Judgment for plaintiff for £1,275.

Costs assessed at 100 guineas.

The defendant (now appellant) appealed without seeking leave and upon the

plaintiff's (Respondent) preliminary objection that he could not do so, argued that

what he appeal from was not a consent judgment but a final judgment in respect

of which he had a right of appeal.

The High Court note read: ''Both Counsel agree that the plaintiff be awarded

£850 as rent for one year plus £425 being six months rent in lieu of notice. Judg-

ment entered for Plaintiff for £1,275. Costs assessed at 100 guineas." The de-

fendant appealed without seeking leave; the Plaintiff objected that he could not do

so. The defendant argued that what he appealed from was not a consent judg-

ment; also that proviso (iii) to subsection (2)(a) meant an interlocutory order.

HELD:

1.

As the trial Judge did not decide how the action should be determined but

merely entered judgment for the amount agreed upon by Counsel for the

parties, the judgment was a judgment by consent.

2.

Final decisions in subsection (2)(a) include both final judgments and final

orders, and in proviso (iii) an "order made with the consent of the parties' means

a final order made with such consent for judgment to be entered according to

the settlement made by the parties: hence the determination is indifferently

spoken of as a consent judgment or order.