Alhaji Chief Yekini Otapo V. Chief R.O. Sunmonu & Ors (1985)

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NNAEMEKA-AGU, J.C.A.

This is an application by Prince Muraino Adebari for leave to appeal to the Supreme Court as a party interested against the judgment of this court delivered on the 21st of October, 1985. The grounds of the application are as follows:

“(1) That the Appellant/Applicant is a person aggrieved by the decision of this Honourable Court; and

(2) That the Appellant/Applicant is appealing on ground of mixed law and fact and by the provisions of Section 213(3) of the 1979 Constitution, leave of this honourable court is necessary.”

Exhibited to the motion paper are:

(a) A copy of the Notice of Appeal against the judgment of the High Court filed by the 1st – 6th defendants/respondents and marked Exhibit “DA.1.”

(b) A copy of the Notice of Appeal of the 7th-10th defendants/respondents against the judgment of the High Courts attached and marked Exhibit “DA.2.”

(c) A copy of the judgment of this honourable court delivered in this suit on the 21st of October, 1985 is exhibited as Exhibit “A”; and

(d) A copy of the Notice of Appeal against the said judgment is annexed and marked as Exhibit “B”.

Notice was also given in the motion paper that reference would be made in this application to the record of appeal used in this court during the hearing of the appeal. The learned trial Judge in the court below granted to the plaintiff, Alhaji Chief Otapo, the relief he claimed to wit:

(i) that the nomination, selection and appointment and approval of the 2nd defendant as the Olu of Agege are null and void and of no effect;

(ii) that the appointment of the 1st, 4th and 6th defendants as king makers of the Olu of Agege is null and void and of no effect; and

(iii) an injunction restraining the government and their agencies from installing or approving the installation of the 2nd defendant, Chief Jinadu Onilude, as the Olu of Agege.

It should be mentioned too that the plaintiff on record had claimed those reliefs “on behalf of himself and members of Isale Oja and Gbogunleri Section of Ogunji Adebari Otapo and Asunmoge Olu Chieftaincy families of Agege.” There arose an issue during the trial as to the authority of the plaintiff on record to represent the parties he purported to represent. On this the learned trial Judge held that the plaintiff was competent under Order 13 Rule 14 of the High Court of Lagos (Civil Procedure) Rules to maintain the action in the representative capacity in which he sued. Thereafter he entered judgment for the plaintiff, as I have stated. The defendants appealed. When the appeal came up before this court, the plaintiff on record, surprisingly, said he was not opposing the appeal. The applicant who now seeks leave to appeal as a party interested was one of those the plaintiff purported to represent. Thereafter, this Court in a summary judgment reversed the learned Judge’s decision on two grounds, namely: