Engr. C. Peterson v. Mrs. Alice Teena Idufueko (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

Appellant filed this appeal against the decision of Ogun State High Court in suit No. HCT/91/94, delivered on 27th March, 2018 wherein the learned trial Judge overruled the objection raised by the appellants (as the applicants/contemnors), urging the lower court to strike out committal proceedings in the Suit for lack of jurisdiction, but the court dismissed the preliminary objection.

At the lower court, the respondent had instituted a committal proceedings against the appellants, vide Form 48, filed on 30th September, 2016 and Form 49, filed on 1/6/2017.

The respondent had placed reliance on the Terms of Settlement and Consent Judgment, entered on 29/4/1997 by Hon. Justice B.A. Ogunlesi Adio in a matter between the parties. The said consent judgment was in respect of the suit No. HCT/91/1994, touching on ownership and enjoyment of a parcel of land, whereof the parties therein accepted to settle, amicably.

The case was between:

1. Musiliu Yusuf Onilube
2. Lateef Apena Daramola
3. Attanda Alapini Plaintiffs
4. Alhaji Amidu Oketola
5. Alamu Ojelade

(For themselves as a representative of Onilube family)

And

Mrs. Alice Tefena Idufueko defendant

The Terms of Settlement, filed by the parties in the case was dated 29/4/1997 and the stated, as follows:

Terms of settlement

The plaintiffs and the defendant have agreed to settle the above named suit in the manner herein below set out:

(1) The plaintiffs hereby withdraw the entire suit herein with all its claims against the defendant.

(2) The defendant hereby agrees to pay the plaintiffs the sum of N12,000 being balance of the purchase price of the land bought from the plaintiffs.

(3) The defendant henceforth shall peaceably hold and enjoy the parcel of land herein without any interruption from the plaintiffs or any one claiming under or in trust for the plaintiffs.