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BESSOY LIMITED V. HONEY LEGON (NIG) LIMITED & THE CHIEF REGISTRAR LAGOS STATE HIGH COURT

(2008) JELR 46887 (CA)

Court of Appeal  •  CA/L/299/2000  •  13 Jun 2008  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA RAPHAEL CHIKWE AGBO JCA ADZIRA DANA MSHELIA JCA

Judgement

R.C. AGBO, J.C.A. (Delivering the Leading Judgment): The appellant was plaintiff in Suit No. ID567M/96 in which the 1st respondent was a defendant. Appellant's counsel, purportedly without the consent of the appellant negotiated a comprise with the defendant and the written compromise was entered as judgment of the Lagos State High Court. Not satisfied with the terms of the consent judgment the appellant filed against the 1st respondent and the Chief Registrar of the High Court of Lagos State Suit No. 1D/1948/99 and claimed of the defendant as follows:

"1. A DECLARATION that the consent judgment of the Ikeja High Court in suit 10/567/M/96 between Bessoy Limited v. Honey Legon (Nig) Ltd  dated the 28th day of July 1998 is not enforceable in line with the purported "Terms of Settlement" filed and dated the 24' day of July 1998.

2. A DECLARATION that the plaintiff did not consent to nor executed the said terms of settlement neither was it informed as to Its contents nor did the plaintiff…

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