Chief Amos Olaosebikan Soyemi V. Chief (Mrs) E. O. Koku & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the Ogun State High Court, Abeokuta, Judicial Division, delivered by N. I. Saula, J on the 3rd day of December, 2010 in Suit No. AB/287/2009.

The Respondents on record, by an Originating Summons dated the 19/11/2009 and filed the same day, sought the Court below to determine the following question:

1. Whether by and in virtue of the judgment delivered by Hon. Justice O. O. Olapade in Suit No. AB/29/2006: The Attorney-General and Commissioner for Justice, Ogun State v. Chief Amos O. Soyemi on 26th day of February, 2008, the property in the said suit which is more particularly shown on and covered by Plan No. RAK/1773A and B of 11th June, 1976 drawn by Alhaji R.A. Kadiri, Chartered and Licensed Surveyor attached to the Deed of Conveyance dated 28th June, 1977 and Registered as No. 31 in Volume 58 of the Lands Registry in the office at Abeokuta is the Joint property of the Soyemi family?
2. Whether the fact that the Defendant herein, Chief Amos O. Soyemi defended and Counter-claimed for and on behalf of the Soyemi family in Suit No. AB/29/2008: The

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Attorney-General and Commissioner for Justice, Ogun State v. Chief Amos O. Soyemi wherein judgment was delivered on 26th day of February, 2008 by Hon. Justice O. O. Olapade, in favour of the Defendant, the defendant herein has thereby divested the Soyemi family of their title to the land in dispute in the said judgment?

It was accordingly contended that if the trial Court should answer question 1 in the positive and question 2 in the negative, the Court should grant the following reliefs:

1. A DECLARATION that the property which is more particularly shown on and covered by Plan No. RAK/1773A and B of 11th June, 1976 and drawn by Alhaji R. A. Kadiri, Chartered and Licensed Surveyor attached to the Deed of Conveyance dated the 28th June, 1977 and Registered as No. 31 in Volume 58 of the Lands Registry in the office at Abeokuta and the subject matter in Suit No. AB/29/2006: The Attorney-General and Commissioner for Justice, Ogun State v. Chief Amos O. Soyemi is the Joint Property of the Soyemi family.
2. AN ORDER OF PERPETUAL INJUNCTION restraining the defendant, whether by himself, servants, agents, privies or howsoever called, from laying claim

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to the sole ownership thereof or disturbing innocent purchasers for value and their agents, servants, privies or howsoever called from the Soyemi family in respect of the land situate, lying and being along both sides of Abiola Way, (Old Lukosi Road), Ijeun-Titun, Abeokuta and more particularly shown and covered by Plan No. RAK/1773A and B of the 11th June, 1976 and drawn by Alhaji R. A. Kadiri, Chartered and Licensed Surveyor attached to the Deed of Conveyance dated the 28th June, 1977 and Registered as No. 31 in Volume 58 of the Lands Registry in the office at Abeokuta.

The Originating Summons was duly supported by an Affidavit of 16 paragraphs deposed to by Julius Olu Abiodun Soyemi, the 6th Claimant/Respondent herein. The Originating Summons was duly served on the Defendant?s/Appellant?s Counsel. Upon being served, the Defendant/Appellant filed a Notice of Preliminary Objection Challenging the competence of the Originating Summons. The Grounds upon which the Originating Summons was challenged are as follows:-

1. That the Originating Summons does not disclose a reasonable cause of action in that the Judgment in respect of which the

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Originating Summons was brought, is clear and unambiguous and accordingly needs no interpretation, clarification or construction.

2. That this Honourable Court lacks jurisdiction to entertain or hear the Originating Summons, in that the Court is functus officio, having given final judgment in the earlier suit, upon which the Originating Summons is grounded.
3. That Claimants have no locus standi to bring the Originating Summons either in their personal capacities or in a representative capacity in that:

(a) None of the Claimants was a party to the previous Suit No. AB/29/2006.

(b) The Claimants cannot jointly or severally bring an action on behalf of Soyemi family, which is a non-juristic person.

4. The Originating Summons is incompetent, in that it is not accompanied by a Written Address of Counsel for the Claimants in accordance with the provisions of the High Court of Ogun State (Civil Procedure) Rules, 2008.
5. That the issues raised in the Originating Summons are very contentious in nature and accordingly, such issues cannot be resolved in proceedings initiated by an Originating Summons, without settling pleadings and taking

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