J.O Ojosipe v. John Dada Ikabala & Ors (1972)

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T. O. ELIAS, C.J.N. 

This is an application on behalf of defendant/applicant for an order:-

(i) for leave to appeal to this Honourable Court from a decision of the Lagos High Court made in the above matter on Monday, 21st February, 1972;

(ii) for leave to appeal to this Honourable Court from a decision of the Lagos High Court made in the above matter on Monday, 13th March, 1972;

(iii) staying all further proceedings in the said action in so far as it relates to each of the orders appealed from; and

(iv) such further or other orders as this Honourable Court may deem fit to make.

The affidavit in support of the application discloses that in Suit No.LD/967/71 in the High Court of Lagos the plaintiffs/respondents claimed against the defendant/applicant as follows:-

1. A declaration that the plaintiffs were entitled under Yoruba native law and custom to over 800 acres of the 1,152 acres of land acquired by the Federal Government at Iju Adiyan for the Iju Catchment Board and for which the defendant received the sum of 3518,805pounds compensation as the landowners’s agent.
2. An account of what is due to the plaintiffs from the defendant in respect of the sum of 3518,805pounds received by the defendant as the landowners’ agent for or on account of the plaintiffs, and an order for the payment by the defendant to the plaintiffs of what is found due on taking the said account.

Annual rental value 3100pounds.

The plaintiffs by an application to the High Court of Lagos dated 11th January, 1972, moved the court for orders:-

1. restraining the defendant from further disbursing the sum of 3518,805pounds compensation money for the plaintiffs’ land paid to the defendant until this action is decided, and
2. commanding the defendant to pay the said money into court for the preservation of the said sum of 3518,805pounds or whatever balance thereof remains until the determination of this action and for such further order or orders as this Honourable Court may deem fit to make in the circumstances.

On 21st February, 1972, Lambo J. made the following order on the application:-

(a) That the defendant do deposit the sum of 3500,000pounds into the Central Bank within 72 hours.

(b) That the bank teller should be filed not later than Friday, 25th February, 1972..

(c) That the defendant should appear personally before him on Monday, 28th February, 1972, for consequential orders in the event of his failure to comply with the above orders.

It is against this order that the present application has been brought. The defendant/applicant averred in his affidavit that, of the total sum of 3518,805pounds he received pursuant to the decision of the Ikeja High Court in Suit No. IK/185/63, he still had only a sum of 3152,390pounds which he was holding to the plaintiff’s credit, having disbursed a substantial portion of it.