Alhaji Aransi Ladoke & Ors V. Alhaji M. Olobayo & Anor (1992)

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OWOLABI KOLAWOLE, J.C.A. 

In this interlocutory appeal, the Plaintiffs/Respondents’ claims as endorsed on the Writ of Summons in the Lagos High Court are as follows:-

“1. A Declaration that the Defendants were, by virtue of a unanimous decision of the Working Committee of the Alayabiagba Market Association, Boundary, Ajegunle, Lagos State, duly and lawfully suspended from office as the Executive Committee of the Association with effect from the 18th day of December, 1990.

2. A Declaration that the Plaintiffs on record are the Executive Members of the Alayabiagba Market Association, Boundary, Ajegunle, Lagos State.
3. An order that the Defendants do render an account of all money or monies collected by them from members of the Alayabiagba Market Association, Boundary, Ajegunle, Lagos State being levies, rents, charges dues and by whatever name called collected at various times between 1982-1990.
4. A perpetual injunction restraining the Defendants from parading themselves as Executive members of Alayabiagba Market Association Boundary, Ajegunle, Lagos State and from doing anything pursuant to the said offices to wit collection of rents, dues, charges, levies and performance of such functions incidental thereto.
5. A perpetual; injunction restraining the Defendants whether by themselves, agents, servants or representatives in interest or otherwise however from interfering in any way whatsoever with the performance by the Plaintiffs on record of their lawful duties as the Executive members of the Alayabiagba Market Association, Boundary, Ajegunle, Lagos State.”

The Respondent served with the Writ of Summons an application for the following orders:

“1. AN ORDER granting leave to the Plaintiffs/Applicants to sue for themselves and on behalf of 43 other members and traders of the Alayabiagba Market whose names are stated in the Schedule annexed to the Affidavit in support of this application.

2. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the defendants/Respondents whether by themselves or by their servants, agents, privies, and assigns or otherwise howsoever from erecting or further erecting Market stalls at the Alayabiagba Market pending the final determination of this suit.
3. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the defendants/Respondents by themselves or by their servants, agents, privies and assigns or otherwise howsoever from further parading themselves as the Executive Committee of the Alayabiagba Market Association pending the final determination of this suit.
4. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the defendants/Respondents by themselves or by their servants agents, privies and assigns or otherwise howsoever from collecting rents/levies, dues charges or any money whatsoever from traders in the Alayabiagba Market until the defendants/respondents shall have rendered account of money so far collected on behalf of the association. ”

The learned trial Judge, Adeniji J. granted an order of interlocutory injunction restraining the Defendants/Respondents whether by themselves or by their servants, agents, privies and assigns and otherwise howsoever from erecting or further erecting market stalls at the Alayabiagba Market pending the final determination of this suit. He also ordered that the Defendants be restrained from parading themselves as the Executive Committee of the Alayabiagba Market Association pending the final determination of the suit pending before him.

The third order of injunction restrained the Defendants from collecting rents/levies dues, charges or any money whatsoever from traders in the Alayabiagba Market until the Defendants/Respondents shall have rendered account of money so far collected on behalf of the Association.

The Defendants promptly filed a notice of appeal against the said order of Adeniji J. dated 13 February, 1992. They also applied for a stay of execution of the orders of the lower court pending the determination of the appeal lodged against the said Ruling:

On the 12 May, 1992, Adeniji J. refused the application for a stay of execution and pursuant to Order 3, rule 3 (3) and (4) of the Court of Appeal Rules 1981, as amended the Applicants have applied to this Court for a similar relief.

An affidavit of urgency was sworn to by Yekini Adenle, the third Applicant in this matter. In paragraphs 6, 7, 8, 9, and 10, it was deposed to as follows:-

“6. That the refusal to stay the order of injunction has caused a disruption on the economic life of the over 19,000 traders at Alayabiagba Market whom we represent as against the 43 traders allegedly in support of the Respondents.

7. That many of the stalls under construction have no roofs thus causing havoc during this raining season.
8. That the current runaway inflation of about 100% rise in prices since the January, 1992 economic measures will also cause a huge rise in the costs of the reconstruction of our stalls when the injunctions is lifted.
9. That I believe very strongly that the facts deposed to above will add to the current tension in the Country resulting into riots and deaths.
10. That I believe that unless this application is heard with all deliberate speed, riot may erupt in the Market by traders whose economic lifeline is gravely threatened.”

The application was filed on 20 May 1992.

It came up on the cause list on June 1, 1992 and after filing of some other processes on June 2, June 5 and June 10, the Court heard the application on 17 June 1992.

In point of fact, the applicants also sought an order for leave to file and argue additional grounds of appeal; that prayer was not opposed and it was accordingly granted. The additional grounds of appeal were numbered 9 to 12.