Have you ever lost a court case and felt the judgment was completely unfair or based on wrong information? Or maybe you didn’t even know the case was happening and suddenly found out the court had already ruled against you. If this sounds familiar, don’t worry—you may still have a chance. In Nigeria, the law allows some judgments to be set aside under certain conditions.
But what does it mean to set aside a judgment, and when can this actually happen? Let’s break it down.
What Does “Setting Aside a Judgment” Mean?
In simple terms, setting aside a judgment means cancelling or reversing a court decision that has already been made. This is not the same as an appeal. Instead, it’s a way to go back to the same court that gave the judgment and ask it to cancel what it has done—usually because something went seriously wrong.
Common Situations Where a Judgment Can Be Set Aside
- You Were Not Properly Informed About the Case (No Proper Service): If the court didn’t properly serve you with court papers, and you didn’t know about the case, the judgment can be set aside. The law requires that everyone involved must be given proper notice and a chance to defend themselves.
- The Judgment Was Obtained by Fraud: If someone lied or used fake documents to win a case, and the court finds out, the judgment can be set aside. Courts do not support judgments based on dishonesty.
- There Was a Mistake or Irregularity: Sometimes, the court or one of the parties may make a serious mistake—like filing wrong documents or using the wrong procedure. If that mistake affected the outcome of the case, the court may agree to set aside the judgment.
- It Was a Default Judgment and You Have a Good Reason: A default judgment is when the court gives a decision because one side didn’t respond to the case or didn’t show up in court. If this happened to you—maybe because you were ill, unaware of the case, or had another genuine reason—you can apply to have the judgment set aside, especially if you act quickly and have a strong defence.
- The Judgment Was Given in Error: In rare cases, the court might have misunderstood the facts or the law. If the error is obvious and serious, the judgment may be set aside—even without needing to appeal.
How Do You Apply to Set Aside a Judgment?
It usually starts by filing a motion on notice before the same court that gave the judgment. You will need to:
- Explain why you want the judgment set aside.
- Attach any necessary documents or evidence.
- File the application as soon as possible. Delays can work against you.
It is always advisable to work with a lawyer to avoid technical errors.
Final Thoughts
Getting a judgment set aside in Nigeria is not automatic—but it is possible. If the judgment was unfair, obtained by fraud, or made without giving you a fair chance, the law gives you room to correct it. But time is crucial, so act fast.
Disclaimer:
This article is for general information only and does not replace legal advice. Always consult a qualified lawyer for your specific case.
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