Mr. Fatai Alabi V. Godwin Chibueze Umeugoji (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment)

By a writ of summons issued under the seal of the High Court Registry Lagos on the 12th day of May, 2000 the respondent herein, who was the plaintiff, at the lower court claimed the following reliefs at paragraph 14 of his statement of claim at pages 12 and 13 of the Record of Appeal:-

“14. WHEREOF, the plaintiff claims against the Defendants jointly and severally:

(a) A declaration that the plaintiff is the holder of the statutory right of occupancy in respect of the land situate, lying and at Babs-Animashaun Road, Ikate, Itire, Lagos State by virtue of the certificate of occupancy dated 30th January 1990 registered as No.47 at page 47 in volume 1990 B at the Lagos State Land Registry.

(b) A declaration that the plaintiff is entitled to economic rent in respect of the said property from May, 1998 in view of the fact that the Defendants have denied and challenged the title of the plaintiff in respect of the said property.

(c) The sum of N25,000 (Twenty five thousand Naira) per month for the use and occupation of the said property from May, 1998 until possession is given up.

(d) Possession of the said land registered as No.47 at page 47 in volume 1990 B in the Lagos State Land Registry.

(e) An order of perpetual injunction restraining the Defendants by themselves, agents, servants and privies of howsoever described from trespassing on the property registered as No.47 at page 47 in volume 1990 B in the Lagos State Land Registry.”

In the absence of any brief of arguments filed by the respondent, the appellants side of the story as summarized state as follows:-

That summons for directions was purportedly filed on the 28th day of September, 2000 although dated 27th October, 2000, and originally fixed for hearing on 30th October, 2000. Appellant also claimed that on the face of the record at page 6, the same summons for directions was re-fixed for 27th November, 2000. That the lower court eventually heard only counsel for the plaintiff (respondent herein) on Monday 26th March, 2001 on the summons for directions consequent upon which the case was fixed for 2nd October, 2001 for trial.

That on the said date, trial was concluded and a date was fixed for address on 16th November, 2001. That address of counsel for the respondent herein was taken on the 8th day of November, 2001 and judgment was thereafter fixed for 3rd May, 2002. That the judgment was consequent upon delivered on the date fixed and which same is now the subject matter of this appeal.

The Notice of Appeal herein is at pages 28 and 29 of the record and it is dated 27th January, 2003. By an order of court made on the 13th July, 2004 Mr. Fatai Alabi, was substituted for the 1st appellant, Alhaji Idris Alabi. The said notice of appeal was, pursuant to an order of this court made on the 15th January, 2003 ordered to be filed within 14 days of the order. Consequent upon, the same was filed on the 27th January, 2003. Three grounds of appeal were raised therein by the appellant.

On the 1st March, 2004 the said appeal was entered in this court following a departure order made and admitting the bundle exhibit AAO as the record of this appeal. The appellants’ brief of argument filed on the 17th May, 2004 was deemed properly filed on the 13th July, 2004. The respondent did not deem it necessary to file any Respondent’s brief in response and on the 4th June, 2007, following an application by the appellant to this court; an order was made that the appeal be heard on the appellants’ brief alone.

On the 26th January, 2010 the learned appellants’ counsel Mr. J. D. Oloyede while leading Messrs O. Yonwuren and Ronke Koku (Miss) adopted and relied on the said appellants’ brief and urged that the appeal be allowed. The respondent, despite service on him of the hearing notice was neither in court nor was he represented by a counsel. The said attitude coupled with the failure to file any brief is a clear confirmation that he did not intend to contest the appeal.