DOES THE PRINCIPLE AGAINST SELF REVIEW APPLY TO DECISIONS ON SUBJECT-MATTER JURISDICTION?
The recent decision of the Supreme Court in Ngere vs OkuruketXIV” (NGERE) has raised a novel point with regard to the application of the principle against self review by a High Court judge. This common law principle is of great antiquity and is stated in the case of Preston Banking Co.vs William Allsup & Sons thus;
- “In my opinion, it is of the utmost importance, in order that there
maybe
some finality in litigation, that when once the order had been
completed it should not be liable to review by the judge who made it:”
- “Where the court has made the order it intended to make, the judgment must stand until set
aside on appeal or by action brought for the purpose. The court cannot otherwise eat its
own words simply because the evidence on which it is acted is shown to be wrong,
whether the error is brought about deliberately or by accident”.
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NameDOES THE PRINCIPLE AGAINST SELF REVIEW APPLY TO DECISIONS ON SUBJECT-MATTER JURISDICTION?
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Date21 Feb 2019
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CategoryResources & Publications
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AuthorMr. Oluwemimo Ogunde SAN