Mr. Clement Akinola Omojola V. Ondo State Development & Property Corporation Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NWALI, SYLVESTER NGWUTA, J.C.A. (Delivering the Lead Ruling)

The applicant, as plaintiff commenced suit No. AK/53/2006 in the Court below against the respondents as defendants. He sought for a declaration that the sub-lease between him and the 1st defendant subsists, an order declaring the purported withdrawal/revocation of his interest in the piece or parcel of land wrongful, null and void and of no effect whatsoever, an order restraining the defendants, their agent, privies, assigns, representatives and successor or anybody claiming though or under them from any further acts of trespass into the said piece of land and the sum of N1, 000, 000.00 as general damages against the defendants for trespass to the said piece of land. See the statement of claim dated 8th March, 2006 and settled by O.B. Adeloye Esq. as counsel for the Plaintiff. The 1st defendant’s statement of defence was settled by his counsel Nasiru S. Oseni Esq. and that of the 2nd Defendant by its Counsel A. I. Agbonghale Esq.

In a motion on notice brought pursuant to Order 8 Rules 1 & 2 “of the Ondo State Rules of the High Court and Inherent Jurisdiction of this Honourable Court” dated 6th December, 2007 the 1st defendant prayed the Court for an order “Dismissing the plaintiffs suit for want of jurisdiction, as the suit is incompetent and statute-barred by virtue of the provisions of Section 2(a) of the Public Officers Protection Law Cap 103 Laws of Ondo State of Nigeria, 1978 and Section 27 of the Ondo State Development and Property Corporation Law, the Suit having been brought outside the period allowed by the said statutes.”

The motion was supported by 16 paragraph affidavit. In opposition to the motion the plaintiff (now applicant) filed a 7 paragraph counter-affidavit.

The motion was extensively argued by both sides. In its ruling delivered on 11/11/2008 the learned trial Judge Osoba, J. concluded thus: “in the circumstances this Court lacks the requisite jurisdiction to entertain the case. Mr. Oseni urged the Court to dismiss the action, striking out and dismissal will have the same effect. Either way the plaintiff cannot come to court a fresh. Since the case was not heard on its merit the proper procedure is to strike out the case. This is therefore struck out.”

In an undated motion brought pursuant to Order 7 Rules 1 & 10 (1) and (2) and Order 13 Rule 2 of the Court of Appeal Rules, 2007 and the inherent jurisdiction of the Court, filed on 1/6/2009 the applicant prayed the Court for the following reliefs:

(1) Extension of time within which to apply for leave to appeal against the Ruling of the High Court of Ondo State delivered on the 11th day of November, 2008 in Suit No. AK/53/2006 by Honourable Justice T.O. Osoba.

(2) Leave to appeal against the ruling of the High Court of Ondo State in Suit No AK/53/2000.

(3) Extension of time within which to file Notice of Appeal against the Ruling of the High Court of Ondo State.”

The application was predicated on the following grounds:

“(1) that the Ruling of the High Court of Ondo State appealed against was made in violation of two superior decisions of the Supreme Court to wit.

(i) NPA v. Contruzioni generalifarsura Cogefar SPA & Anor. ANLR 463 at 476-477 (1974) 12 SC 81.

(ii) Osun State Government v. Dalami Nig. Ltd. (2007) 148 LRCN 1311 at 1338.

(2) That the issues raised in the appeal are fundamental and touches on the jurisdiction of the Lower Court.