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FRAUD OR MISREPRESENTATION:
GROUNDS
TO
SET
ASIDE
DECISIONS
OF
COURTS
OF
COORDINATE JURISDICTION
August 2010 Vol. 23: Issue 8
misrepresentation.
The
appellants
argued further, that the respondents
only claimed ignorance of the existence
of the judgment and did not lead any
evidence to prove that the judgment
was forged.
It is a trite law that when judgment is
obtained on grounds of fraud and or
misrepresentation, it could be set aside
by courts of coordinate jurisdiction. This
principle was reechoed by the Supreme
Court in the case of Bello Ogundele &
Others v. Shittu Agiri & Others.
The High Court agreed with the
appellants by granting judgment in their
favour.
The
respondents
being
dissatisfied with the judgment went to
the Court of Appeal which allowed their
appeal. The appellants further appealed
to the Supreme Court.
The appellants instituted an action at the
High Court of Justice in Osogbo against
the respondents in a family land dispute
at Ila Orangun. The appellants hinged
their case on traditional evidence,
dispute plan and an earlier customary
court judgment in which the land in
dispute was granted to the respondent’s
ancestors against
the appellants’
ancestors. At trial, the appellants
concealed the final judgment of the Ila
Native Court. In their statement of
defence, they claimed ignorance of the
existence of the court proceedings.
At the Supreme Court, the learned
Justices
affirmed
that
had
the
respondents fully disclosed the Court’s
proceedings at trial, the judgment of the
High Court would have been different
as it would have been against them. The
appellants proved that the respondents
falsely misrepresented the proceedings
of Ila Native Court by concealing the
final judgment of the Court. The Native
Court acted in good faith. Hence the
appeal was allowed and the judgment of
the High court was set aside on grounds
of fraud and or misrepresentation.
At a later date, the appellants were able
to secure the complete record of
proceedings of the Native Court and
filed a new suit at the High Court in
Oshogbo praying that the earlier
decision of the High Court be set aside
on grounds of fraud and or
For further inquiries, please contact:
Ms. Bolanle Opadokun
Tel: +234 1 739 0397
Email: Bolanle@blackfriars-law.com
Fax: +1 646 536 8978
©Blackfriars LLP 2010. All rights reserved. This document is for general guidance only. Definitive advice
should be sought from counsel if required. Blackfriars LLP, The Penthouse Floor, Itiku House, 28-30
Macarthy Street, Lagos. Tel: +234 1 739 0397; +234 1 736 9797; +234 1 736 9795; Fax: +1 646 536 8978.
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©Blackfriars LLP 2010. All rights reserved. This document is for general guidance only. Definitive advice
should be sought from counsel if required. Blackfriars LLP, The Penthouse Floor, Itiku House, 28-30
Macarthy Street, Lagos. Tel: +234 1 739 0397; +234 1 736 9797; +234 1 736 9795; Fax: +1 646 536 8978.
http: www.blackfriars-law.com Email: info@blackfriars-law.com