Alhaji Ade Thanni & Ors. V. Samuel Gbadebo Adegboyega & Ors. (1971)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C. 

In Suit 1K/166/64 in the Ikeja High Court the plaintiffs’ claimed in their writ against 4 defendants:

“(A) 5,000(pounds) general damages for trespass committed and is still being committed by the defendants by themselves their servants/or workmen on the plaintiffs’ land situate, lying and being at Ajegunle Ojo Road, Amuwo, on the mainland of Lagos.

(B) An injunction to restrain the defendants their servants and workmen from continuing the said trespass.”

After the Statement of Claim was filed the defendants brought an application asking inter alia:

“For leave to defend this action as representatives of the Kuje Family of Amuwo (other than the members of the Imore Branch of Kuje Family).”

In support of that motion one Saula Mofiu filed an affidavit which said as to this:

“1. That I am one of the Principal Members of the Kuje Family of Amuwo.

2. That on Sunday the 9th day of January, 1966, a meeting of the said family was held at which over thirty members of our family was present.
3. That at the said meeting, this action which was instituted against four members of our family in their personal capacity was fully discussed.
4. That the family decided that the action should be defended by the family as a whole as any rights exercised on the said family land by the four defendants were exercised as members of our family and with the consent of the family
5. That the four defendants in this suit were duly appointed to defend the suit for themselves and on behalf of the Kuje Family of Amuwo.”

And on the 4th of April, 1967, Odumosu Ag. J., granted leave in the following terms:

“I hereby grant leave to the defendants to defend the action as representatives of the Kuje family of Amuwo, and to file and serve a Statement of Defence in that capacity.”

The defendants then filed and amended Statement of Defence in which paragraph 2 read:

”The defendants aver that they are representatives of the Kuje family of Amuwo and are defending this action in a representative capacity.”

5 The action came on for hearing before Odesanya, J. and evidence was called on both sides and counsel were making their final addresses when the record reads for the 18th of March, 1968: “Giwa for plaintiffs. 1st and 4th plaintiffs in court. Ogunsanya for defendants who are all in court. Terms of settlement announced by counsel. The terms are that the Kuye Family of Amuwo who are represented by the defendants shall ratify forthwith the sale of the property in dispute in favour of the plaintiffs.

2. No member of Kuje Family shall henceforth interfere with the rights of the plaintiffs on the land in dispute.
3. No order as to costs.

Judgment consent is hereby given according to the Terms of Settlement.