Ecotrade Limited V. Alhaji (Chief) Sikiru Alabi Macfoy & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment)

This Appeal is from the Ruling delivered by Honourable Justice R.I.B. Adebiyi of the High Court of Lagos State on the 30th of November, 2007 in Suit No. LD/593/2002, wherein the learned Judge declined to determine ownership of the property in dispute on the grounds that the application was brought after judgment had been entered in the suit.

The Judgment Creditor/Respondent had by its Statement of Claim dated and filed on 17th July, 2002 sought the following reliefs against the 2nd -9th Respondents:-

(a) Jointly and severally, against the 1st and 2nd Defendants the sum of N39,365,000.00.

(b) Jointly and severally against the 1st & 3rd Defendants the sum of N230,000.00.

(c) Jointly and severally against the 1st and 4th Defendants the sum of N230,000.00.

(d) Jointly and severally against the 1st and 5th Defendants the sum of N230,000.00.

(e) Jointly and severally against the 1st and 6th Defendants the sum of N230,000.00.

(f) Jointly and severally against the 1st and 7th Defendants the sum of N230,000.00.

(g) Jointly and severally against the 1st and 8th Defendants the sum of N400,000.00. Total N42,585,000.00.

(h) And interest on the above sums at 21% per annum until judgment and thereafter at 6% per annum until final liquidation.

The Intervener/Applicant by its Motion on Notice dated and filed on 7th of December, 2005 prayed the trial court for the following orders:

“1. An Order deeming that the properties situate at 27/29 Park Lane and 2/4 Freetown Road, Apapa, Lagos both registered under the Title No. MO1265 of the Lands Registry, Lagos belong to the Intervener/Applicant.

2. And for such further or other orders as this Honourable Court may deem fit to make in the circumstances.

TAKE FURTHER NOTICE that the ground upon which this application is brought is that this Honourable Court made an Order on the 23rd of November, 2005 granting leave to the Intervener/Applicant to intervene in this matter by filing an application for the purpose of proving ownership of the aforementioned properties.”