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Adeniran vs. N.E.P.A.

ADEDAPO ADENIRAN

V

N. E. P. A

COURT OF APPEAL

( ILORIN DIVISION )

MURITALA A. OKUNOLA, JCA ( Presided and Read the Lead Judgment )

PATRICK IBE AMAIZU, JCA

WALTER SAMUEL NKANU ONNOGHEN, JCA

CA/L/117/99

TUESDAY, 9TH JULY, 2002

APPEAL - Court of Appeal - Power of  to review its judgment - Limitation of

COURT -  Court of Appeal - Power of  to review its judgment - Limitation of

COURT - Court of Appeal - Power of to make consequential orders - How exercised - Order 3, rule 23(1) of the Court of Appeal Rules

JUDGMENT AND ORDERS - Consequential Orders - Power of Court of Appeal to make - How exercised - Order 3, rule 23(1) of the Court of Appeal Rules

JUDGMENT AND ORDERS - Decision given without jurisdiction - Effect

JUDGMENT AND ORDERS - Judgment of Court of Appeal - Power of Court of Appeal to review - Limit of

LABOUR LAW - Employee alleging that his employment enjoys statutory flavour - Need for to prove

LABOUR LAW - Employment with statutory flavour - Meaning of


WORD AND PHRASES - ‘Employment with statutory flavour’ - Meaning of

Issue:

Whether the Court of Appeal has powers to grant this application

Facts:

This application emanated from the judgment of the Court of Appeal, Ilorin Division delivered on the 12th of July 2001 wherein this court allowed the appeal filed by the appellants, the applicant herein and therein made some consequential orders. Dissatisfied with the consequential orders, the applicant filed a motion seeking the order of the same court setting aside the consequential orders or reliefs granted by the court in its judgment delivered on 12th July, 2002 same being a nullity, having been made without jurisdiciton. The Court of Appeal in hearing the application considered Order 5 , rule 3 and Order 3, rule 23(1) of the Court of Appeal Rules which provides thus:

Order 5, rule 3: The court shall not review any judgment once given and delivered by it save to correct any clerical mistake or some error arising from any accidental slip or omission, or to vary the judgment or order so as to give effect to its meaning or intention. A judgment or order shall not be varied when it correctly represents what the court decided nor shall the operative and substantive part of it be varied and a different form substituted.

Order 3, rule 23(1): The court shall have power to give any judgment to make any order that ought to have been made and to make such further or other orders as the case may require including any order as to cost.