Crown Estates Ltd. V. Aderinola Adewunmi (in Re: Ademola Odutola) (2002)

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OGUNTADE, J.C.A.

At the Ikeja High Court of Lagos State there was a dispute between the defendant/appellant and the plaintiff/respondent as to the ownership of land situate at Maryland Crescent, Onigbongbo, Maryland, Lagos. The plaintiff/respondent had claimed following reliefs:

“(1) A declaration that the plaintiff is the rightful holder of the certificate of occupancy in respect of all that piece or parcel of land situate, lying and being at Maryland Crescent, Onigbongbo, Maryland, Lagos.

(2) The sum of N 100,000.00 as General damages for trespass committed by the defendant, its servants and or agents on the said land covered by survey plan No. LA/332/93 dated 22nd day of December, 1993.

(3) An order of perpetual injunction restraining the defendant, its servants and or agent or privies from further committing acts of trespass on the said land.”

On 13th July, 1995, Adagun, J. (as he then was) gave judgment in favour of the plaintiff/respondent. Dissatisfied the defendant/appellant brought before this court an appeal against the judgment of the lower court. The appeal is still pending before this court. On 26/3/01, the applicant brought before this court an application seeking leave to be joined to the appeal as “a party and/or an interested and necessary party …”

The applicant filed an affidavit in support of the application. The defendant/respondent filed a counter-affidavit on 18/5/01. We heard the application on 6/2/02. Mr. Dele Awokoya, of counsel for the applicant in moving the application said that the same was brought pursuant to section 243 of the Constitution of the Federal Republic of Nigeria, 1999. He stated that the applicant had an interest in the subject-matter of the dispute between the plaintiff/respondent and the defendant/respondent in the appeal before this court. That interest was said to have arisen as a result of the applicant buying from the plaintiff/respondent a portion of the land in dispute between the two respondents. Counsel referred to Col. H. Yakubu v. Governor of Kogi State (1995) 8 NWLR (Pt.414) 386 at 390. He said that judgment was given in 1995 and the applicant acquired his interest from plaintiff/respondent in year 2000.

Mr. Ayo Orobowale, of counsel for the defendant/respondent said that there was no deposition in the affidavit in support of the application that the applicant bought the land in the year 2000. He said that in any case, the notice of appeal was filed in 1999. Counsel relied on the doctrine of lis pendens and the following cases:

(i) Ogunsola v. NICON (1991) 4 NWLR (Pt. 188) 762 at

(ii) Ebueku v. Amola (1988) 2 NWLR (Pt. 75) 128 at 132

(iii) Abhulimen v. Namme (1992) 8 NWLR (Pt. 258) 202.

Counsel finally relied on section 22 of the Land Use Act, 1978.

In this ruling, I like to first set out the provisions of Section 243 of the 1999 Constitution under which the applicant claimed to have brought his application. The Section reads:

“243: Any right of appeal to the Court of Appeal from the decisions of the Federal High Court or High Court conferred by this Constitution shall be –