Chief J.A.ademeso V. Mrs. Maria Okoro & Ors (2005)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, J.S.C.

This is an appeal from the decision of the Court of Appeal, Lagos Division given on 11 July, 2000 whereby the Court of Appeal dismissed the appellant’s appeal and affirmed the decision of the learned trial Judge who had exercised his discretion to refuse inspection of documents sought by the appellant. The appellant herein, Chief J. A. Ademeso, was the 1st defendant in the court of trial. The respondents, Mrs. Maria Okoro and Mr. Justin Okoro, were the plaintiffs before the Ikeja Judicial Division of the High Court of Lagos State.

By a Writ of Summons dated 31 January, 1995 the plaintiffs’ claimed against the 1st defendant along with three other persons, inter alia as follows:

“An order of specific performance directing the 1st defendant to execute the deed of transfer and/or the sale agreement in respect of the property situate, lying and being at No. 22, Gluti Street, Oluti Amuwo, Lagos having received the sum of N350,000.00 (Three Hundred and Fifty Thousand Naira) being the agreed purchase price.” By their statement of claim filed along with the Writ of Summons, the plaintiffs pleaded in para. 14 thereof as follows:

“14. The plaintiffs aver that after paying the total sum of N350,000.00 the 1st defendant returned the draft Deed of Assignment with minor corrections for final execution and released the following documents as positive step to transfer his interest in the property to the plaintiffs.

(a) Application for certificate of occupancy dated 5/8/80.

(b) Government Treasury Receipt 92812 dated 31/7/80.

(c) Nigerian Tribune Newspaper issue of 14/7/81 at page ………… Re Certificate of Occupancy.

(d) Deed of indemnity in respect of application for approval of building Plan dated 28/8/79.

(e) Authority to collect certificate of occupancy dated 29/ 7/92.

(f) Building plan DCB/931/58 of 17/10/79 and

(g) Survey plan No. LAT/594/76 made by L. Ademola a licensed surveyor of 10/7/76. The plaintiff shall rely on all these documents at the trial of this case.”(Italics mine)

Upon the receipt of the writ of summons and the statement of claim,the 1st defendant served on the plaintiffs a notice to produce dated 25th day of April, 1995 for inspection of the 1st defendant … “the draft deed of assignment with minor corrections … referred to in paragraph 14 of the statement of claim.” The 1st defendant received no response from the plaintiffs. In consequence thereof, the 1st defendant made an application to the trial court dated 21 June, 1995 and filed on 22 June, 1995 for:

“An Order directing the plaintiffs/respondents to produce for the inspection of and permit the 1st defendant/applicant or his counsel to take a copy of the “draft deed of assignment” pleaded in paragraph 14 of the ” statement of claim……”