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PETER ORNGU & ORS v. DR. ALEXANDER GAADI & ORS

(2016) JELR 33255 (CA)

Court of Appeal  •  CA/E/410/2008(R)  •  23 Dec 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IGNATIUS IGWE AGUBE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Lead Ruling): This ruling is in respect of the motion on notice dated and filed on the 8th day of February, 2016 praying for the following Orders:

1. AN ORDER of the Honourable Court, the Court of Appeal Enugu Judicial Division, setting aside the consent Judgment of February 2nd, 2016 delivered by CORAM M. O. Bolaji - Yusuff, JCA M. A, Oredola, JCA and E. A. Agim JCA in Appeal NO. CA/E/410/2008 obtained by misrepresentation.

"2. AND for such or other orders as the Honourable Court may deem fit to make in the circumstance."

The Grounds upon which the motion is predicated are as follows:

"(i) That the term of settlement dated 23rd January, 2015 and adopted as a consent judgment on 2nd February, 2015 was executed without the knowledge, consent or authority of the Judgment - Creditors/Applicants.

(ii) That the judgment - Creditor/Applicants had neither briefed nor instructed anybody to accept the sum of N8,000,000,000.00 (Eight Billion naira) as a fi…

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