POWER OF COURT TO SET ASIDE JUDGMENT OFANOTHER COURT OF COORDINATE JURISDICTION- A CONTEMPORARY REALITY CHECK

Abstract

It is trite law that no Court has the power to review or upturn the judgment or decision of another Court of coordinate jurisdiction. It is judicial rascality for a Court to negate this hallowed principle. Nevertheless, this principle has often presented a problem in the adjudication ecosystem as it would appear to admit of no exceptions. This paper deployed the doctrinal research method to critically examine statutory provisions and judicial decisions on the subject matter. The paper confirmed that it is a taboo in judicial circles for a Court to sit on appeal or review the judgment of another Court of coordinate jurisdiction. Nonetheless, the paper found out that, in the interest of justice, a narrow window allows a Court to review or upturn the judgment of another Court of coordinate jurisdiction such as where (a) the writ or application was not served on the other party (b) the Court lacks jurisdiction or (c) there is a default judgment. Given this legal reality, the paper recommended that in order to preserve the principles of hierarchy of Courts, a Court should seldom seek to review or upturn the judgment of another Court of coordinate jurisdiction. Except where there are cogent grounds warranting same, party dissatisfied with the judgment should proceed on appeal to a higher Court instead of approaching another Court of coordinate jurisdiction.