Mr. Adisa Adeogun V. Dr. Adetunji Olukayode Akinyemi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is a fall-out of the ruling of the High Court of Lagos State, which was delivered on April 19, 2004 by the Hon. Justice A. F. Adeyinka in Suit No: ID/339/88. By the ruling in question, the court below granted the Respondent a consequential order exparte of possession of land in dispute in the physical possession of the Appellant.

Not unnaturally, being dissatisfied with the said consequential order, the Appellant filed an application, dated June 3, 2004 seeking leave of the lower court to appeal as a party interested against the ruling in question. The lower court, in its wisdom, granted that application on July 12, 2004. Consequent whereupon, the Appellant filed the notice of appeal thereof (on July 15, 2004), which is predicated upon two grounds.

BACKGROUND FACTS:

The facts and circumstances surrounding the present appeal are not far to seek. Indeed, they are deducible from the records of appeal. On March 11, 1988 the Respondent instituted the Suit (No. ID/339/88) in question, vide a writ of summons against Chief Arowolo (for himself and on behalf of the Olarokun family), seeking the following reliefs:

1. A Declaration that the Plaintiff is entitled to the statutory Right of Occupancy on, and over the land situate lying and being at Olayiwola Street, Oko Oba near Abule Egba in Ikeja Local Government Area of Lagos State which is more particularly described and delineated on the plan attached to the Deed of Conveyance, dated 23rd March, 1978 and registered as No. 60 at page 60 Volume 1715 of the Lands Registry in the office at Lagos.
2. N10,000 damages for trespass committed by the Defendants on the Plaintiffs said land at Olayiwola Street, Oko Oba.
3. An Order of perpetual injunction restraining the Defendants by themselves, their servants, workmen, privies or agents or otherwise howsoever from trespassing on the said land or disturbing or otherwise interfering with the Plaintiffs right over the land.

During the pendency of the Suit, the Respondent filed a motion on Notice, dated 16/3/93, seeking the following relief:

“An order joining Adisa Adeogun as 2nd Defendant in the above Suit.”

The reasons for the application were deposed to in paragraphs 2 -9 of the affidavit personally deposed to by the Respondent. On 25/5/93, when the motion came up for hearing, AB Sulu-Gambari Esq, submitted thus:

This is a motion praying this court to join Adisa Adeogun as a Defendant in this Suit… The applicant must show that the party sought to be joined as necessary party. I refer to Green Vs. Green (Sic) (1987) 2 NWLR Part 61 page 480 at page 493. Lajunmoke Vs. Doherty (1965) 1 NWLR Page 281 at page 287. I move accordingly.

Chief Oriade, for the 1st Respondent, told the court that he had no opposition to the application. However, Apampa Esq, (the counsel for the party sought to be joined) vehemently objected to the application. At the conclusion of the submissions of the learned counsel to the respective parties, the lower court reserved ruling to 25/6/93. But on the said date, the lower court merely recorded (at page 148, Record), thus:

SUIT NO: ID/339/88

…

Plaintiff absent

Defendant absent