Mr. Johnson Afolabi Fashoyin V. Mr. Olayinka Abayomi & Ors (2016)

LawGlobal-Hub Lead Judgment Report

UZO I. NDUKWE-ANYANWU, J.C.A.

 This is an appeal against the decision of the High Court of Lagos State delivered on the 4th April, 2011 by Hon. Justice B. O. Shitta-Bey.

The facts briefly stated are as follows;

The Respondents in this appeal (who were the Claimants in the original Suit No LD/76/1983) filed an action against the Defendants (Messr Fasheun Motors Nig Ltd and 19 others). On 10th October 1989, the Respondents obtained judgment against the Defendants before Hon. Justice Desalu. In consequence, execution was levied against some of the Defendants/Judgment Debtors’ landed properties. However no execution was levied against the landed property of the Appellant at no. 394 Lagos-Abeokuta expressway, Abule-Egba, lagos State until 8th May 2008 pursuant to an order of Court made on 28th January 2008.

Consequent upon the order made on 28/1/2008, the Appellant who was not a party to the original suit but felt aggrieved by the order applied vide a Motion on Notice dated 26th May 2008, on the following grounds:

a. The specific orders and/or reliefs of the said judgment are

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statute-barred;

b. The order extending time for the enforcement of the orders/reliefs in the judgment was made without jurisdiction and thus amount a nullity;

c. The consequential order of possession or warrant of possession made on 28th January 2008 was a nullity, having been made to enforce the orders/reliefs contained in a judgment after 19 years of its delivery;

d. The Appellant was not made a party to this suit at the Court below, even though he was in effective possession of the property at No. 394 Lagos Abeokuta Expressway, Abule Egba, Lagos State; he was also not aware of any action against his property until on 8th May 2008 when the Respondents attempted to levy execution on his property, and

e. The appellant’s property at no, 394 Lagos Abeokuta expressway, Abule Egba, Lagos State is outside the Respondents/Judgment creditors’ adjudged land;

f. The appellant’s predecessor in title has no connection whatsoever with the judgment debtors in this case’ the appellant bought his land in 1977 from the Olarokun’s family before the commencement of this suit.”

The Respondents opposed the Application and filed a counter affidavit