MR. Babatunde Harding & Anor V. The Administrator General And Public Trustee Of Lagos State & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Lagos State High Court sitting in the Ikeja Judicial Division in suit No. ID/655m/2009: Mr. Babatunde Harding & Anor Vs. The Administrator General and Public Trustee of Lagos State & Anor delivered on 17/6/2011 by Y, A. Adesanya J. in which the reliefs sought by the Appellants as Claimants against the Respondents were refused and dismissed.

The Appellants who were thoroughly dissatisfied with the said judgment had promptly appealed against the said judgment vide a Notice of Appeal filed on 18/7/2011 on four Grounds of Appeal. The Record of Appeal was transmitted to this Court on 2/11/2011 but deemed duly transmitted on 5/2/2013. The Appellants’ brief was filed on 14/8/2013 but deemed duly filed on 23/2/2016.

The 1st Respondent’s brief was filed on 13/9/2013 but deemed duly filed on 23/2/2016. The 2nd Respondent, though duly served with the processes in this appeal did not file any brief and the appeal proceeded to hearing on the briefs of the Appellants and the 1st Respondent only.

?At the hearing of the

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Appeal on 26/9/2016, only the Appellants were represented by counsel, while the Respondents, though duly served with hearing notice on 15/8/2016 did not appear to participate at the hearing of the appeal. Ejeta Otuoniyo Esq., for the Appellant, appearing with Judith Kuforigi (Mrs) and Miss Adesina Ekewele, adopted the Appellant’s brief as their arguments in this appeal and urge the Court to allow the appeal, set aside the judgment of the Court below and in its stead grant all the reliefs claimed by the Appellants as Claimants against the Respondent before the Court below.

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The Court upon being satisfied that the Respondents had been duly served with hearing notice and that the 1st Respondent had filed its brief proceeded to invoke the provisions of Order 18(9) (4) of the Court of Appeal Rules 2011 and deemed the 1st Respondent’s brief as having been adopted as the arguments of the 1st Respondent in this appeal.

By an originating summons filed on 4/8/2009, the Appellants raised a sole question for determination before the Court below, namely;

“Whether sequel to the judgment of the Hon Justice O. Gbaja-Biamila in Suit No.ID/800m/2001 and the

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discovery that the property lying and situate at 8 Alli street is vacant and unsold, the beneficiaries of the Estate of Williams Richmond Harding Descendants family are not entitled to the reversionary Estate in the said No, 8, Alli Street, Lagos.”

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