Akin Olugbade & Ors v. Onigbongbo Community & Ors (1974)

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O. ELIAS, C.J.N. 

The applicants, who are the executor and beneficiaries of the estate of the 10th Claimant, Claudius Adebowale Soderu (deceased) in Suit No. HK/11/59 at the Ikeja High Court, brought this motion on notice under section 22 of the Supreme Court Act, 1960, Order VII Rule 29 of the Supreme Court Rules (1972) and Order 20 Rule II of the Supreme Court of England, for an order of this Court

“to correct the error or slip on the face of the CONSENT JUDGMENT signed and delivered by His Lordship, Sir A. Adetokunbo Ademola, the Chief Justice of Nigeria (as he then was) on the 31st day of January 1972, the error or slip being the wrongful joining or misjoinder of the Late Claudius Adebowale Soderu, the 10th Claimant in Suit No. HK/11/59 as one of the 3rd to 31st Claimants represented in the consent judgment by Mr. Ajose-Adeogun, holding Chief F.R.A. Williams’ brief, in Appeal Nos. SC/83/1970 and SC/369/1970 and for an order that the 10th Claimant is entitled to be paid compensation of N4,400.00 for his 4,390 acres of land compulsorily acquired by the Minister of Lagos Affairs, Mines and Power and for such further and or other order or orders as this Honourable Court may deem fit to make in the circumstances. ”

There are accordingly two distinct prayers sought by this motion: (1) an order to correct an error on the face of the consent judgment delivered by the Supreme Court on January 31, 1972, and (2) an order directing that the 10th Claimant is entitled to be paid compensation of N4,400.00 for his 4,390 acres of land compulsorily acquired by the Government. We shall deal with both matters separately.

The issues can best be appreciated by tracing, so far as is relevant, the history of the litigation in the two distinct and separate cases which culminated in the judgment now being dealt with. In Suit No. 1K/119/66 Molajo appeared as the learned counsel for the Bale Onigbongbo and others against T.M. Sogunle for whom Chief F.R.A. Williams appeared as the learned counsel before Odesanya, J., who, after hearing the case, ruled on January 8, 1968, as follows:

“In the result the plaintiffs succeed in part. They are entitled to judgment which is now entered for them for a declaration-

(1) That the deeds of conveyance executed by the 1st defendant T.M. Sogunle in favour of the 2nd, 3rd and 4th defendants, Samuel Bolarinwa Olaiya, Isaac Adegbola Oshitelu, D.A. Famoroti and dated and registered as set out above are void.

(2) That T.M. Sogunle, the 1st defendant is a customary tenant of the plaintiffs’ family, the Kuyasi Awushe family of Onigbongbo and has forfeited his customary tenancy and any right, title or interest under Yoruba Native Law and Custom in any part of the land shown on exhibits’ J1′ and ‘L’.

This second declaration amends the declaration sought by the plaintiffs by their writ of summons which is accordingly amended.

The claim for possession is dismissed.

The plaintiffs are entitled to the costs of this action assessed at ‘a3239:10s:Od.”

If this judgment had stood, T.M. Sogunle would not have been entitled to any compensation under the other appeal in SC/369/1970. When this appeal appeared to have reached the Supreme Court, Chief Williams asked for an accelerated hearing of SC/83/1970, which is the appeal of T.M. Sogunle against the judgment in IK/119/66, apparently so as to enable Sogunle to be included in the compensation claim under SC/369/1970. Sogunle died, however, and leave was granted for the substitution of Jeremiah Idowu and others for Sogunle in the SC/83/1970 appeal.

The parallel appeal in SC/369/1970 came up against the judgment of Sagoe, J., In IK/11/59 in which the then Minister of Lagos Affairs brought an originating summons to determine those entitled to claim compensation for the land it had compulsorily acquired, and the 32 claimants had been declared to be customary tenants of the Onigbongbo. In the Ikeja High Court, the late Mr. L.B. Augusto appeared for the 10th claimant, Mr. C.O. Soderu; at one stage, Mrs. M.D. Jinadu appeared apparently holding Mr. Agusto’s brief; but on December 10, 1962, Mr. Agusto again appeared for Mr. C.O. Soderu. The trial had not commenced until Mr. Agusto would seem to have ceased to appear for C.O. Soderu. Then on October 30, 1967, Mr. Akesode declared himself as appearing, on behalf of Chief Williams from whose chambers he came, for the 3rd to the 31st claimants that is, including C.O. Soderu the 10th claimant. There were statements of individual interests attached to the motion. Molajo again appeared for the 1st and the 2nd claimants, the Onigbongbo.

On April 8, 1968, Chief E.R.A. Williams brought a motion seeking the following orders: