By Prince A.S. Abimbola
It happens at times that parties obtain judgment by fraud from the court. However, oftentimes also, mistakes are made by bringing an application in the same suit to set the judgment aside. Where the issue of jurisdiction has not been raised and the sole reason for applying to set aside the judgment was that it was procured by fraud, the proper way is to come by a fresh suit.
Further to the above, when a party to a suit wants to challenge a judgment obtained by fraud, the party is supposed to come by a fresh suit and prove the fraud; not by an application in the same suit where the judgment was procured by fraud. The party will give full disclosure of the particulars and details of the fraud in pleadings and lead evidence in trial.
This is the decision of the Supreme Court in OLUFUNMISE V. FALANA [1990] 3 NWLR PT. 136 PG.1 at PG. 13.See also ANATOGU V. IWEKA II [1995] 8 NWLR PT. 415 PG. 547 at PG. 586.
Prince A.S. Abibola
Chairman NBA, Epe Branch
