Form 44 \u2013 Consent Judgment/order
Description
How to fill out Agreement For Consent Judgment Granting Sole Custody Of Minor Child To Father?
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FAQ
A consent order is a judgment or order made by the court but the terms have been agreed in advance by the parties. Depending on the scope of the consent order or judgment and whether any of the parties are a litigant in person, the court may enter and seal them.
In Woluchem v Wokoma (1974) All NLR 543 (SC); the Supreme Court of Nigeria held that in order to have a consent judgment, the parties must be ad idem as far as the agreement is concerned; their consent must be free and voluntary; and the terms of settlement must be filed in court.
A consent judgment (also known as a consent decree or a consent order) is a judgment made by a judge with the consent of all the parties. It is not strictly a judgment, but rather a settlement agreement approved by the court.
It is basically an order or judgment based on a settlement or agreement of parties. In practice, normally, a consent judgment is entered after a successful mediation. The Judge or the Court does not decide on the case and its role is merely to record the terms that have been agreed by parties.