Chief Olumuyiwa Akinboro V. Wahabi Lemboye & Ors & Ors. (2002)

LawGlobal-Hub Lead Judgment Report

AKINTAN, J.C.A.

This is an appeal from the judgment of Odunlami, J. delivered at Abeokuta High Court on 31st August, 1987 in three consolidated suits Nos. AB/104/84, AB/32/85; and AB/34/85. The present appellant was the second defendant in each of the three consolidated cases. The first sets of respondents were the plaintiffs in suit No. AB/104/84 where they sued the 1st defendant, Ogunsiji now deceased, the appellant as the 2nd defendant and the Attorney-General of the Federation as the 3rd defendant. Their claim against the defendants jointly and severally was as follows:-

“The defendants received jointly or severally on behalf of all claimants the sum of N2,801,435 from the Federal Ministry of Works Headquarters, Lands Division, for the settlement of all the claims for compensation on property acquired at the permanent site of the Federal College of Education, Osiele, Abeokuta, Ogun State.

(a) Declaration that they are entitled to a share of the said amount in respect of their property within the said area of acquisition.

(b) An order for account of the said sum of N2,801,435 found due and payable to the plaintiffs.”

In the other two suits Nos. AB/32/85 and AB/34/85, the parties were the same as in suit No. AB/104/84. But the claim in each of them was for N2,358,135 with an alternative claim for an order for an account. The three suits were consolidated by order of court made on 8th January, 1986. Pleadings were finally settled and the case proceeded to trial. At the commencement of the trial, the plaintiffs’ counsel filed an application requesting the court to order the appellant and Mr. A.O. Ogunsiji to deposit the remainder of unpaid compensation money still with each of them in the court. The application was granted and the appellant Mr. Ogunsiji deposited into court N260,186.30 and N350,000 respectively.

The Federal Government had earlier given notice of acquisition of 632.95 hectares of land at Osiele for the establishment of permanent site for the Federal College of Education at Osiele in Ogun State and those who had interest in the land to be acquired were invited to submit claims. On 14th December, 1983, the Federal Lands Officer released the whole compensation money amounting to N2,375,000 for the whole land acquired to one Mr. Dosumu, Mr. A.O. Ogunsiji (later the 1st defendant at the lower court) and the appellant (later 2nd defendant at the lower court). The release of the money was made subject to the following conditions:

(i) That Mr. Dosumu whose claim was ascertained would be paid N17,000.

(ii) The balance of N2,358,135.06 was to be paid to Mr. A.O. Ogunsiji and the appellant in equal share of N1,179,067.50 in trust for all the claimants at the rate of N3,750 per hectare which was the government’s approved rate;

(iii) the amount was to be deposited in a joint account from which each claimant was to be paid,

(iv) that a claim’s plan be prepared in which the holding of such claimant would be paid,

(v) that the disbursement was to be made in accordance with individual’s claims on the land, and

(vi) upon receipt of the said sum by Mr. A.O. Ogunsiji and the appellant from the Federal Government, they were requested to provide indemnity for the sum received.

The appellant and Mr. Ogunsiji complied with the aforementioned conditions. The 1st to 3rd respondents were the plaintiffs in the court below in each of the three consolidated cases. At the conclusion of the trial, the learned trial Judge delivered his reserved judgment. In the said judgment, the learned Judge found for the plaintiffs and held, inter alia, that the plaintiffs in the cases were some of the claimants whom the 1st defendant (Mr. Ogunsiji) should have paid compensation out of the amount of N1,179,067.05 which he got from the ministry. The court therefore, ordered that the compensation due to the plaintiffs should be paid to them out of the Slim of N350,000 deposited earlier in court. The court, however, failed to order that the slim deposited in court by the appellant be refunded to him. The present appeal therefore, is aimed at securing the refund of the sum of N260,186.30 deposited with the court in compliance with the order of the court made in the course of the trial.