Chief Ismaila Ajasa Onifade & Ors V. Ishau Olorunfunmi (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the lead Ruling)

By a motion on notice dated and filed in this court on the 30th April 2013, the applicants herein prayed for the following orders:-

(A) An order extending the time within which the applicants may seek leave to appeal as interested parties against the judgment delivered on the 15th day of May, 2012 suit No. ID/488/80. Honourable Justice Lawal Akapo of High Court of Lagos State No. 46, TBS, Lagos.

(B) An order granting leave to the applicants to appeal as interested parties against the aforesaid judgment.

(C) An order granting extension of time within which to file the Notice of Appeal in the aforesaid judgment.

(D) An order of this Honourable court for interlocutory injunction restraining the claimant/1st Respondent, his agents, servants, privies or anybody claiming title through him from leasing, selling, assigning, transferring, altering, demolishing, locking, harassing any occupier or howsoever creating any third party interest on the parcels of land occupied by the Appellants/Applicants within the judgment of Honourable Justice Lawal Akapo of High Court No 45, TBS, Lagos delivered on the 15th day of May, 2012 pending the determination of this application and appeal.

Grounds for the application were also set out in the said application which is also supported by a 32 paragraph affidavit. Attached to the affidavit are the following documents:-

(1) Exhibit CH – Certified copy of the judgment of the trial court

(2) Exhibit CH1 – Copy of a Public Notice.

(3) Exhibit CH2 (a-m) Pictures said to have been taken at the scene.

(4) Exhibit CH3 (a-e) PHCN bills of some of the applicants.

The 1st Respondent in opposing the application filed a counter affidavit of 7 paragraphs dated 21-11-13.

Written addresses were subsequently ordered by this court to be filed and served. At the hearing of the application on the 5-3-2014 parties duly adopted and relied on their respective written addresses.

The Applicants written address is dated and filed on 21-11-2013. The appellants and other Respondents neither filed counter affidavit or written address. The applicants submitted one issue for determination in their written address; to wit:-