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(2021) JELR 107155 (CA)

Court of Appeal  •  CA/C/22/2019  •  6 May 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): On 20th June, 2016 Hon. Justice N. F. N. Ntong in the High Court of Akwa Ibom State sitting at Ikot Ekpene delivered the following consent judgment:

“The Terms of Settlement in this Suit No. HT/FHR.6/2016 between Mr. Isaac Ime Udo and Aniefon Umo Udo and 18 others is hereby upheld accordingly. And same is entered as the consent judgment of the Court.”

The Appellant was not a party to the above consent judgment. But 16th Respondent was an Applicant in a fundamental rights enforcement procedure proceedings commenced in the High Court (the Court below) against the 1st – 15th Respondents and four police officers. The Court below on noticing that the fundamental rights enforcement proceedings were a result of a family feud among members of the same family except the 15th Respondent and the four police officers requested the parties to settle amicably out of Court. The parties settled out of Court and filed terms of settlement in …

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