JUDGMENT AND ORDER – ORDER OF COURT – Effect of a valid and subsisting order of court


“The problem the Appellant faces in this appeal is that he did not take steps to have the order made on the 3rd of June 2013; that the appeal be heard on the respondent’s brief alone, discharged/set aside. The position of the law is that a judgment or order of every law Court remains in force and binding until it has been set aside by a Court of competent jurisdiction. See: Kubor & Anor v. Dickson & Ors (2012) LPELR-9817 SC; Afolabi v. The State (2016) LPELR-40300 SC. There is no appeal against that order of 3rd June, 2013 which the Respondent, (Appellant at the Court below), obtained ex parte against the Appellant herein. For as long as that order remains extant, it remains valid and enforceable and it behooves the Appellant to submit to it; just as the Court below was entitled to enforce it as it did.” Per ABDU ABOKI, JSC in OKEKE v. UWAECHINA (2022-LCER-46525-SC) (Pp 14 – 14; Paras B – F)

Add to LawKit (0)