Judgment
MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgement): This application was filed on 14/09/2021 pursuant to Order 6 Rule I of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of this Court, wherein the Appellant/Applicant sought the following reliefs: 1. AN ORDER declaring the judgment of this Honourable Court delivered on the 24th day of November, 2017 a nullity for being a judgment delivered after the demise of Kehinde Abimbola (“late Respondent”). 2.
AN ORDER setting aside the judgment of this Honourable Court delivered on 24th day of November, 2017 for being a nullity as Kehinde Abimbola (“late Respondent”) had lost legal personality before the judgment was delivered. 3. AND for such further or other orders as this Honourable Court may deem fit to make in the circumstances. The grounds upon which the application was predicated are: 1. A dead person ceases to have any legal personality from the moment of death and cannot validly remain a party in an appeal after death. 2.
An appeal by or against a party in his/her personal capacity abates upon death.
3. That Kehinde Abimbola (late Respondent) died on the 25th day of October, 2017 wherein she ceased to have any legal personality entitling her as a party to the judgment of the Court delivered on 24th day of November, 2017. 4. The judgment of this Honourable Court of 24th November, 2017 is a nullity for being a judgment delivered in favour of a dead person after her death. 5. The Appellant/Applicant became aware of the death of Kehinde Abimbola (late Respondent) after the delivery of the judgment. 6.
It is the duty of the late Respondent’s counsel to notify the Court of the death of his client before the judgment was delivered, which he failed to do in this case. 7. This Honourable Court has the requisite powers to set aside its judgment which is a nullity. An affidavit of 8 paragraphs sworn to by one Solomon Oho, a Legal Practitioner in the law firm of Charles Mekwunye & Co., counsel to the Appellant/Applicant, was filed in support of the application.
Annexed to the affidavit are the NBA Receipt dated 04/02/2021 evidencing payment of practicing fee by the deponent, the certified copy of the judgment of this Court sought to be set aside on ground of nullity in Appeal No. CA/L/815/2015 and the Obituary and Funeral Programme of one Deaconess Oluwatoyin Kehinde Omolara Ayinke Ogundimu. There is also a written address settled by Dr. Charles Mekwunye.
