Jibril Onalo & Ors V. Ndanusa Aguda (2007)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER-ODILI, JCA

The Plaintiff now Respondent at the Kogi State High Court holden at Idah Coram Justice S.S. Idagili claimed against the Defendant now Appellants jointly and severally:

(a) An order affirming the agreement entered into by all the parties dated the 8th day of December 2000 acknowledging the entire land as vested in the stool of Obaje Otah presently occupied by the plaintiff as subsisting and binding on all the parties thereto as well as the entire members of the Obaje Otah Descendents’ Union of which the Defendants are part.

(b) An Order of court restraining Defendants from unilaterally, by themselves or (sic) through their servant agents or otherwise collecting tributes from tenants on Anyimekwu Lands or from Leasing out fishing ponds or unilaterally allocating farmlands and fishing ponds to themselves or their tenants without the consent, authority, sanction or approval of the Beaded Obaje Otah who is the Head of Obaje Otah Descendants.

(c) An Order restraining the defendants, their servants and agents from further causing trouble, harassing and chasing out tenants and relations from the land and fishing ponds, encouraging breakdown of law and order within Obaje Otah stool lands and fishing ponds by taking laws into their hands.

(d) An Order directing defendants to account for the tributes they have collected from the land and the fishing ponds leased out by them or forcefully acquired by them.

(e) A perpetual order restraining each of the Defendants from further tampering with the stool land including the ponds on the land whether by themselves or their servants, workers or privies.

The learned trial Judge entered judgment for the Plaintiff/Respondent. The Defendants/Appellants being dissatisfied with the judgment of 17th June 2004 has appealed to the Court of Appeal.

FACTS STATED BRIEFLY

On being served with the said Statement of claim, the Appellants on the 20th May 2002 filed a Joint Memorandum of Appearance dated 15th May 2002. Thereafter, when the Appellants failed to file any defence to the action, the Respondent on 11th October 2002 filed a Motion on Notice seeking an order of the trial court entering final judgment in the suit in favour of the Respondent.

When the matter came up on 22nd October 2002, an adjournment of the suit was sought and granted by the trial court, at the Appellants’ instance, to 4th November 2002 for hearing. On the said 4th November 2002, the Appellants finally filed an application seeking an extension of time within which to file their defence. The said application was moved by the Appellant and granted by the trial court on the said date. The suit was adjourned again for hearing to 2nd December 2002. The Appellants, with leave of court filed a Joint Statement of Defence.

In 2003, the matter despite being ripe for hearing, was adjourned on six (6) different occasions particularly on 30th April 2003, the case was adjourned as a result of a letter addressed to the Hon. Chief Judge from the Appellants’ counsel – Dr. S.E. Mosugu, and copied to the trial court, wherein he requested for a transfer of the case from the trial court on the ground of his (Dr. Mosugu’s) life. On that date, neither the Appellants nor their counsel were present in court despite being aware that the matter was for hearing. Thereafter on 10th November 2003, the Appellants were requested by counsel, J.O. Sani Esq. in court who asked for an adjournment and same was granted by the trial court and the matter was adjourned to 28th November 2003.

On 19th January 2004 when the matter subsequently came up, the Respondent’s counsel applied for the case to be set down for hearing. The trial court granted the said application and adjourned the matter to 11th February 2004. On the 11th February 2004 and 24th February 2004 the Plaintiff and his witness (PW1) testified and the Plaintiff thereafter closed his case with the matter adjourned to 8th March 2004 for address.

When the matter came up on 8th March 2004, the 1st Defendant sought an adjournment on the ground that his lawyer Dr. S.E. Mosugu had written to the Chief Judge about the case. The trial court refused the application for an adjournment and the Respondent’s counsel thereafter addressed the trial court and the matter was adjourned to 29th April 2004 for judgment. After an adjournment of the suit to 10th May 2004, judgment was eventually delivered on 17th June 2004 with all parties present in court. It is against that judgment that the Appellants have now appealed to this court.