Alhaji Shehu Sanusi Pedro & Anor V. Madam Binta Balogun (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR, J.C.A.(Delivering the Ruling Judgment)

By a motion on notice dated and filed 28th May, 2008 the applicant’s counsel Mr. Paul C. Ananaba has, on behalf of the applicant Ibrahim Pedro, sought for the following reliefs:

“1. An order extending time within which the applicant may seek for leave to appeal against the judgment of the Lagos State High Court sitting at Ikeja delivered on the 17th day of December, 2002.

2. An order extending time within which the applicant may seek for leave to appeal against the judgment of the Lagos State High Court sitting at Ikeja delivered on the 17th day of December, 2002.
3. An order granting leave to the appellant/applicant to appeal against the judgment of Lagos State High Court sitting at Ikeja delivered on the 17th day of December, 2002.
4. An order substituting Alhaji Shehu Sanusi Pedro with Mr. Ibrahim Pedro, and
5. for such further order or other orders as this honourable court may deem fit to make in the circumstances.”

He relied on the 42 paragraph supporting affidavit of even date. Paragraphs 1-39 which contain the averments that are germane to the motion state thus:

“1) That I am the 1st son of the deceased Alhaji Shehu Sanusi Pedro and the applicant for substitution in this case and by virtue of which I am familiar with the facts herein deposed.

2) That my said father died on the 2nd day of January, 2003. Attached and marked exhibit ” IP” are the medical certificate of cause of death and certificate for burial 1P “2” respectively.

3) That I have the consent and authority of my other siblings to substitute our late father in this suit.

4) That the existence of this suit only came to my knowledge on the 8th April, 2005 when I visited the land and saw the suit Number of this matter written with paint on the gate of the land.

5) that I instructed my former solicitors Messir Charles Ugwuanyi Chambers to conduct a search on the court records to ascertain what was going on. A copy of my solicitors application for search and the certified true copy on the matter are herein attached and marked exhibit 1p “3.”

6) That upon the conduct of searches on the records of court my said solicitors adviced that I take necessary steps to put the issue before the court.

7) That my late father bought two plots of land, one of which is the land in dispute from ODESILO FAMILY in 1977 and was duly issued with Odesilo family receipt and also a purchase receipt executed by Mr Isaac Ayodele Odesilo the then head of Odesilo family. The family receipt and purchase receipt are herewith attached and marked exhibits “1P4 and 1P5” respectively.

8) That after the said purchase my late father caused the said two plots of land to be surveyed. Attached and marked exhibit IP “6” is the survey plan of the two plots of land.

9) That after the purchase of the said two plots my late father deposited building materials on the land which materials were later discovered to have been carted away by the agents of the respondent and that prompted my late father to lodged complain with the police at Panti Street where the respondent and her agents were invited for interrogation. A copy of the petition to the police written by my late father dated 15th January, 1999 is attached herewith as exhibit 1P “7.”

10) That the respondent who was undergoing interrogation asked the police for time to ease herself and bolted away and never came back to the police at Panti for the concision of the investigation wherein the applicant was instructed by the to remain vigilant and report any further acts of trespass by the respondent to it for immediate arrest.