Consent Judgement – The Jurisdiction for setting same aside


This write up seeks to discuss the concept of consent judgment, the legal basis as well as the jurisdiction for setting consent judgment aside. It has also discussed the concept by a tinge of comparative  practice in some other commonwealth jurisdiction particularly Nigeria. It concludes with how the courts in Ghana have applied the concept in settlement of disputes.

Black’s law[1] defines judgment at page 2463 to mean; ” a courts final determination of the rights and obligations of the parties in a case” and further goes ahead to define “agreed judgment” as ” a settlement that becomes a court judgment when the judge sanctions it”. In effect an “agreed judgment” otherwise a consent judgment, is merely a contract acknowledged in open court which binds the parties as fully as other judgments.

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