Mr. Liadi Alarape Alimi & Anor. V. Isaac Sunday Olufemi Aderinoye & Anor. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, JCA(Delivering the Leading Ruling)

The Applicants moved this court on the 20th of Jan., 2010 with the following prayers:

(1) An order granting leave to the Applicants:

(a) For enlarging the time within which the Applicants may apply for leave to appeal against the decision of the Honourable Justice O. O. Olopade of the Ogun State High Court sitting at the Abeokuta judicial division delivered on the 2nd day of July, 2007 in suit no. AB/272/2005 Aderinoye v. Maku.

b) An order for the Applicants MR. LIADI ALARAPE ALIMI and MR. MOSHOOD SHITIU MAKU the above named parties be granted leave to appeal as interested parties against the decision of the Honourable Justice O.O. OLOPADE OF the Ogun State High Court sitting at the Abeokuta Judicial Division delivered on the 2nd day of July, 2007 in suit no AB272/2005 Aderinoye v. Maku.

c) An order of extension of time within which to appeal against the decision of the Honourable Justice O.O. Olopade of the Ogun State High Court sitting at the Abeokuta Judicial Division delivered on the 2nd day of July, 2007 in suit no. AB/272/2005 Aderinoye v. Maku.

d) An order joining the applicants MR. LIADI ALARAPE ALIMI AND MR. MOSHOOD SHITIU MAKU as parties to the action to wit Suit No. AB/272/2005 Aderinoye v. Maku.

e) An order extending the time within which the applicants MR. LIADI ALARAPE ALIMI and MR. MOSHOOD SHITIU MAKU may file the notice and grounds of appeal against the decision of the Honourable Justice O.O. Olopade of the Ogun State High Court sitting at the Abeokuta Judicial Division delivered on the 2nd day of July, 2007 in suit no AB/272/2005 Aderinoye v Maku.

(2) An order granting the applicants MR. LIADI ALARAPE ALIMI and MR. MOSHOOD SHITIU MAKU the above named interested parties leave to canvass questions of mixed law and facts in the appeal to be filed against the decision of the Honourable Justice O.O. Olopade of the Ogun State High Court sitting at the Abeokuta Judicial Division delivered on the 2nd day of July, 2007 in suit no AB/272/2005 Aderinoye v Maku.

(3) An order of Injunction restraining the 1st Respondent ISAAC SUNDAY OLUFEMI ADERINOYE who was the Plaintiff from employing self help and using thugs and other unauthorized persons from levying execution of the decision of the Houourable Justice O.O. Olopade of the Ogun State High Court sitting at the Abeokuta Judicial Division delivered on the 2nd day of July, 2007 in suit no AB/272/2005 Aderinoye v. Maku and to desist from further trespassing on the land the subject matter of suit no AB/272/2005 Aderinoye v. Maku and from harassing the applicants, members of their family and their tenants with thugs and other social misfit elements on the land the subject matter of this appeal pending the determination of the appeal to be filed in this matter.

(4) And for such further order or other orders as this Honourable court may deem fit to make in the circumstances.

The application was brought pursuant to Section 6(6)(a), 36, 241 and 243(a) of the 1999 Constitution of the Federal Republic of Nigeria, Sections 15 and 24 (4) of the Court of Appeal act, Order 4 rule 6, Order 7 rules 6 & 7 and 10 of the Court of Appeal Rules 2007 and under the inherent jurisdiction of the Court.

The application was filed on the 23rd of Sept.,2008 and supported by a seventy five paragraph affidavit deposed to by the 1st Applicant Mr. Liadi Alarape Alimi, a further and better affidavit of 28 paragraphs filed on 30/10/08 deposed to by the 2nd Applicant Mr. Moshood Shittu. Maku, a further and better affidavit of 4 paragraphs filed on 19/11/08 and deposed to by the Applicant’s Counsel Mr. Collistus Aina Chambang and a further and better affidavit of seven paragraphs deposed to by the Applicants Counsel Mr. Callistus Aina Chambang filed on 25/2/09.

On 17/11/08, Mr. Isaac Sunday Olufemi Aderinoye the 1st Respondent in response filed a counter-affidavit of twenty one paragraphs.