Chief Okro Orukumkpor V. Itebu & Ors (M) (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Amendment of Order—inherent right Court to vary in certain cases.

Facts

When this appeal was heard on the application of both sides an order was made embodying a settlement which had been reached by the parties and the appeal was disposed of. Later a dispute arose between the parties as to the meaning of certian terms of the settlement, and the applicants moved the Court to now amend the order and submitted that the amendment asked for would only be a clarification of the wording of the settlement in order to correct a clerical error.

Held

The Court has an inherent jurisdiction to vary its order so as to carry out its own
meaning or in cases where the language used is doubtful, but this does not apply here the amendment sought is to vary the terms of a settlement reached by the parties which would necessitate the taking of evidence to determine the intention of the parties.

Motion Dismissed.