Alloysius Egemole V. Osita Oguekwe & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

ISTIFANUS THOMAS, J.C.A.

The appeal is undoubtedly against the consent judgment of the 1st and 2nd present respondents who, were the plaintiffs at the lower court and the 3rd present respondent was also the defendant at the lower court The consent judgment was made by C.E, Iyizoba [J] on 10th May 2004,

The further brief fact of the case is that, the suit was commenced by the late father of the 1st and 2nd respondents, It was specifically filed against the 3rd respondent being a Local Government with power to allocate ownership and possession of stall No, E2/1 Main Market Onitsha in Anambra State, The claim was for a declaration that, the Local Government of Onitsha North, was not entitled to revoke the allocation of the said stall and therefore they asked for an injunction to restrain aforesaid Local Government, Onitsha North. On the demise of the late father, the present 1st and 2nd respondents were allowed, and they substituted the name of their father. The suit which was filed on 12/2/97, took [7] seven years and by the Amended Statement of Claim which was filed on 9/7/2003, the 3rd respondent conceded the reliefs of the 1st and 2nd respondents. The parties pursuant to the amicable agreement, filed at the lower court on 21/1/04, the terms of settlement. It was the terms of settlement that the trial court entered as consent judgment between the plaintiffs and the defendant. As per pages 220(a) – 220(b) of the record of appeal, it reads as follows:

“IN THE HIGH COURT OF ANAMBRA STATE OF NIGERIA

IN THE HIGH COURT OF ONITSHA JUDICIAL DIVISION

HOLDEN AT ONITSHA

SUIT NO. 0/77/97

BETWEEN

1. OSITA OGUEKWE
2. UCHENNA OGUEKWE PLAINTIFFS

AND

ONITSHA NORTH LOCAL GOVT. DEFENDANT

ORDER

UPON THE Terms of Settlement filed on 21st January, 2004 by the Plaintiffs and signed by the parties in this suit as hereunder stated:

WHEREAS BY An Amended Statement of Claim dated the 18th day of July 2003 and filed on 9th July 2003 the Plaintiff claim as follows:-

i. Declaration that the right to allocation and occupation of that entire stall situate at and known as Stall No. E2/1 Onitsha Main Market was duly transferred to the plaintiffs.