An order granted by the court may be overtaken by events through no fault of the parties or, as in this case, due to failure by one party to timeously comply. The order cannot be left toothless. The courts retain the inherent jurisdiction to grant consequential relief to give effect to their orders.
What does consequential order mean?
Thus, a consequential order gives meaning and effect to a judgment without granting a fresh relief. It must be a product or bye-product of the main suit and the evidence. Hence, the law gives the court the inherent power to grant consequential orders in deserving cases, see Eagle Super Pack (Nig) Lad v. ACB Plc. (
What is functus officio in law?
“The functus officio doctrine is one of the mechanisms by means of which the law gives expression to the principle of finality. … The [principle] is that once such a decision has been given, it is (subject to any right of appeal to a superior body or functionary) final and conclusive.
Is an order a judgment?
An “Order” is a separate document that a judge signs which sets forth the judge’s ruling on a motion. A “Judgment” is a separate document that a judge signs and sets forth the judge’s ruling at the end of an adversary proceeding.
What does judgment source contain?
They contain the judge’s reasoning and his/her decision. In some cases, they will also contain the judge’s decision on costs or directions as to how costs should be dealt with.
What is a consequential hearing?
At the consequentials hearing, the court will hear submissions from the parties on the appropriate declarations to be made by the court in the light of the judgment and on any applications for appeal.
How do you use consequential in a sentence?
Consequential in a Sentence
- The partial footprint was consequential in solving the case.
- The discovery of gold was consequential to the fate of many western territories.
- Because lives are at stake, choosing to go to war is the most consequential decision a nation can make.
What does Functus mean?
Functus officio refers to an officer or agency whose mandate has expired, due to either the arrival of an expiry date or an agency having accomplished the purpose for which it was created.
When a person can apply for review of Judgement?
As per the Supreme Court Rules, 1966, the Review application shall be filed within the 30 days from the day the judgment or order passed. And for appeal against any sentence or judgment in High court, shall be filed within 60 days from the day of judgment.
What happens if a judgement is not paid?
If you do not pay the judgment within 30 days or file a Motion to Vacate the Judgment or Notice of Appeal the judgment creditor can sell your real property. The judgment creditor can get an order to sell your land, buildings, or home.
What is the difference between decree order and judgement?
Judgement means statement given by a Judge of the grounds of decree or order. 2. Decree is an adjudication conclusively determining the rights of the parties with regards to all or any of the matter in the controversy. … Judgement contains the grounds of decree.