Dr. Joseph Adeyemi – Bero V. Mr. Mobolaji Babatunde Omotosho & Ors (2008)

LawGlobal-Hub Lead Judgment Report

HUSSEIN MUKHTAR, J.C.A

The appellant who was the claimant in the court below sought for and obtained an order for recovery of possession of a piece of land situate at Ogombo town opposite Asoko village in Eti-Osa Local Government Area of Lagos State (hereinafter referred to as “the land”).

The suit filed by the claimant was initiated by an originating summons against ”unknown persons,” After satisfying the lower court that the unknown persons had been duly served with the initiating and other relevant court processes, the court indulged the appellant’s counsel to argue the case for the claimants in default of the defendants’ appearance, after which it adjourned the matter for judgment. On the 9th May 2003 the lower court (Coram Candide-Johnson, J) delivered its judgment wherein it gave possession of the land to the appellant, and the judgment was executed about a month thereafter by giving possession of the land to the claimant/appellant (hereinafter referred to as “the appellant”) between the 9th and 10th June 2003.

Subsequently the respondents surfaced and successfully applied for joinder as defendants by their respective motions dated 3rd December 2003 and 18th December 2003. They were joined on the 25th January 2005 as defendants.

A motion on notice was later filed by the defendants/respondents (hereinafter referred to as “the respondents”) dated 2nd February 2005 seeking for the following reliefs:

I. “An order staying execution or further execution of the judgment of the Honourable Court delivered on the gill of May 2003 against the defendants pending the hearing and determination of this application.

II. An order extending the time within which the defendants may apply to set aside the judgment delivered by the court on the 9th of May 2003 against the defendants.

III. An order setting aside the judgment delivered by the court on the 9th of May 2003 against the defendants.

IV. An order restoring the defendants back to possession and occupation of the land being and situate along Lagos/Epe

Expressway, Ogombo village in the Eti-Osa Local Government Area of Lagos State,”

The above reliefs were sought for on the following grounds;

a. “That the claimant did not make a full disclosure of the material facts in this case before obtaining the judgment.

b. That there was no time that any process of court was pasted on the land situate and lying along Lagos/Epe Expressway, Ogombo village in the Eti-Osa Local Government Area of Lagos State, the land in dispute.

c. That there was no time any writ of summons or originating summons was pasted on the aforesaid land indicating the existence of this suit.