JUDGMENT AND ORDER – FUNCTUS OFFICIO – Whether a Court/Court of co-ordinate jurisdiction has the competence to entertain a matter that was dismissed by it or a Court of co-ordinate jurisdiction


“The order of dismissal in question in the case was set aside by the Court of Appeal while the order of dismissal of Suit No. HOY/ 7/97 still subsists up till date. It needs be reiterated that a Court after the dismissal of a suit before it lacks the competence to delve into the matter any longer. The fact that the Court is being presided over by another judge of the same jurisdiction as the judge that dismissed Suit No. HOY/7/97 does not make any difference. The Court lacks the jurisdiction to re-phrase the judgment, of a Court of co-ordinate and competent jurisdiction.” Per PETER-ODILI, JSC inADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 28 – 28 Paras B – E)

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