Barrister Oyesola Oyewo V. Alhaji Moshood Shekoni & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

The Appellant was solicitor to the Respondents in Suit No. ID/49/84 which he took over in the year 2009 after his father died.

Appellant’s father had before then been the counsel representing the Respondents in the matter which was about ownership of a large parcel of land (102 Acres). After taking over the matter, the Appellant entered into a retainership agreement dated 19th January, 2012 with the Respondents to the effect that upon successful prosecution of the matter and judgment being eventually delivered in their favour, they will assign one acre out of the 102 acres of land to the Appellant.

Judgment was entered against the Respondents by the trial Court but the Appellant prosecuted an appeal against the decision of the trial court successfully at the Court of Appeal which entered judgment in their favour on 20th March, 2014.

?However, the losing party at the Court of Appeal further appealed to the Supreme Court and that matter which is still pending in that Court has the Appeal No. SC.343/2014. It appears that the Appellant is no longer the

counsel conducting that matter on behalf of the Respondents, but there is evidence that he took some initial steps on behalf of the Respondents herein in that matter at the Supreme Court.

The Appellant subsequently brought the present action Suit No ID/404GCM/2014 at the High Court of Lagos State, Ikeja Judicial Division which he commenced by Originating Summons seeking to enforce the terms of the said retainership agreement against the Respondents.

He claimed the following reliefs in the Originating Summons:

1. A declaration that the defendants are in breach of the Retainership Agreement between the parties dated 19/01/2012.
2. A declaration that the defendants are obligated to assign to the claimant the one acre of land situate at Tigbegbe Street, Ijaiye Ojokoro Lagos State and shown on survey plan No LA/4/1268/07A/2011 dated 14/10/2014 in lieu of the claimant’s professional fee for the successful prosecution of suit No ID/49/84 and Appeal No CA/L/967/2012 as stipulated in clause 3 of the Retainership Agreement dated 19/01/2012.
3. A mandatory order compelling the defendants to assign the said parcel of land to the claimant

forthwith.

4. An order for possession of the said parcel of land.
5. An order of perpetual injunction restraining the defendants, their servants, agents and privies from selling, leasing, assigning, alienating or trespassing on the said parcel of land.
6. N2,000,000.00 (Two Million Naira) being special and general damages for breach of the Retainership Agreement dated 19/01/2012.

?

In defence of the action, the Respondents in addition to filing a Counter-Affidavit and written address in support to the originating summons also filed a preliminary objection challenging the competence of the action on these grounds:

1. The cause instant was deceptively filed by the Claimant as a result of concealment of material facts, which if disclosed, would have shown that the Court instant lacks jurisdiction.

Particulars of deception and concealment of material facts.

Throughout the length and breadth of the processes in this Suit, the Claimant never mentioned (even once) that the Res he is laying claim to in this Suit (being One (1) acre of Land) situate at Tigbegbe Street, Ijaiye, Ojokoro, Lagos State is part of the vast tract of land

measuring (one hundred and two (102) acres, which is still a subject of Appeal (as Suit No. SC/343/2014) in the Supreme Court of Nigeria.