Emeka Ariguzo & Anor V. Mrs. Felicia Osobu & Ors (2016)

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ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. 

The Appellant in this matter filed a Notice of Appeal dated 4th August, 2015 and transmitted the records of appeal against Ruling of FEMI-ADENIYI J., of the High Court of Lagos delivered on 23rd July, 2015 wherein the lower Court upheld the Preliminary Objection of the 4th, and 5th Respondent and dismissed the Appellant’s motion on notice dated 19th July, 2015.

The reliefs sought in the motion resulting in the ruling were for:
i. “AN ORDER adding the Applicants as 4th & 5th Defendants to the counterclaim of the counter-claimants.
ii. AN ORDER setting aside the execution levied by the Counter Claimants against the Applicants on the 16th day of June, 2015.
iii. AN ORDER restoring the 1st Applicant back into possession of the property known as 8A Adebisi Close, Idiroko Village, Maryland, Lagos pending the determination of the substantive suit.
iv. AN ORDER restoring the 2nd Applicant back into possession of the property known as 8B Adebisi Close, Idiroko Village, Maryland, Lagos pending the determination of the substantive suit.

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v. AN ORDER restraining the Defendants/Counter Claimants from further interfering with the Applicants’ possession of the property known as 8A and 8B Adebisi Close, Idiroko Village, Maryland, Lagos pending the determination of the substantive suit.”

Meanwhile, parties commenced amicable settlement and had mediation sessions, part of which was presided by Hon. Justice S. O. Ilori (Rtd). During the course of the mediation, the Respondents agreed to follow the written instruction of Chief Moses Ademola Osobu (deceased) on the mode of sharing his properties among his wives and children.

The parties and their solicitors thereafter entered into terms of settlement and executed same. It is these terms of settlement filed on 25th May, 2016 that they seek to enter as the judgment of this Court.

Uthman, Esq. counsel for the Appellant informed the Court of amicable settlement and that they desired that terms of settlement be recorded/ratified with the blessing of the Court. He further submitted that the Court of Appeal has the power to enter the terms of settlement as consent judgment of the Court and relied on the Supreme Court case of SPM LTD

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v. ADETUNJI [2009] 13 NWLR (Pt. 1159) 647 to 661, paras F – G.

A. Ajose – Adeogun, 1st to 3rd Respondents’ counsel aligned himself with the submission of Appellant’s counsel and submitted that the requirements of valid consent judgment are present herein.

Osagwina, Esq., counsel for 4th and 5th Respondents referred to Order 16 Rule 3 of Court of Appeal Rules, 2011 to submit that the provision allows the Court of Appeal adopt the terms of settlement as its judgment.

In this application, which was made orally upon filling terms of settlement, the main issue to be determined is:
“Whether the Court of Appeal can adopt parties terms of settlement (entered into by parties to the appeal herein) as the judgment of the Court?
In CHIEF ADEFOYE ADEDEJI v. J. O. OROSO & ANOR (2007) LPELR-86, TOBI, JSC (of blessed memory) in his dissenting opinion at page 57 held that:
“A consent judgment means when the parties unequivocally agree to terms of settlement which they mutually refer to the Court as basis for the Court’s judgment. By the mutual agreement to settle the matter they have given the consent to the end of the

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