Alhaji Abdul-rauf Olumegbon & Ors V. Amida Adedeji Kareem & Ors (2002)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

This is an appeal from the decision of the Court of Appeal, Lagos division. The plaintiffs, on 6th December, 1988, took out a writ of summons in the Lagos High Court with a claim against the defendants for the following reliefs:

“(1) The plaintiff claims against the defendants jointly and or severally are for

(1) N10,000.00 aggravated damages for trespass on all that piece or parcel of land known as “Ojuegun” situate, lying and being at Ajah Ile Town in Eti-Osa Local Government Area which said land is customarily used for ancestral burials and festival purposes.

PARTICULARS

Destruction of ancestral graves and humiliation and mental anguish and stress resulting from same ….N10,000.00

(2) Injunction restraining the defendants by themselves, their privies and or their servants or agents or the use from remaining on or going to carrying on building operations or continuing in occupation of piece or parcel of lands.

(3) Further or other relief ”

The case was filed before Mrs. Akinboboye J, and after all the preliminaries which included settling and amendment of pleadings the trial commenced on 22nd November, 1989. A witness, Solace Salawu Olatunde Abereoje, gave evidence for the plaintiffs. At the conclusion of his testimony the court adjourned to 2nd March, 1990 for further hearing. The hearing did not go on because the parties agreed to a term of settlement which the court would enrol as a consent judgment. The consent judgment was enrolled on the 4th of March, 1991.

In June, 1993 the defendants filed a motion seeking for the following orders:

“(1) An order setting aside the consent judgment entered by this court on 4th March, 1991.

(2) An order for rectification of the said judgment as per the terms of the settlement dated 12th February, 1991.

(3) A stay of execution of the judgment of this court entered on 4th March, 1991 pending the ruling.”

The learned trial Judge, on 16th December, 1994, delivered a ruling in which she refused to set aside the consent judgment and also declined to grant an order for stay of execution of the said judgment. Now, the appellant, Rev. Olatunde Ayotunde Alase, emerged. He went to the Court of Appeal on 6th March, 1995 and filed the following motion: