Mr. Olufemi Aladetuyi V. Mr. Daramola Taiwo (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Honourable Justice M. A. Dada of the Ikeja High court, delivered on the 30th day of March 2010, whereby he granted all of the Respondent’s prayers in an action for the enforcement of the Fundamental Human Rights of the Respondent.

The Respondent (Applicant at the lower court) had instituted an action for the enforcement of his fundamental human rights at the lower court on the 7th of September 2009, Pursuant to an ex-parte application filed on the 7th September 2009, they had sought leave of the lower court to apply for the following orders viz:

(1) Leave to apply for an order for the enforcement of his fundamental human rights to liberty, fair hearing, human dignity and freedom of movement as contained in the reliefs set out in the Statement attached hereto.

(2) AND ORDER that the leave so granted herein shall operate as a stay and/or suspension of all actions or matters relating to or connected with the complaint in this application until the final determination of this matter.

(3) Any order or other orders as this Honourable Court may deem fit to make or grant in the circumstances of this matter.

Pages 3 – 4 of the Record of Appeal.

In support of the application and pursuant to Order 1 Rules 2(3) of the Fundamental Human Rights (Enforcement Procedure) Rules 1979, the Applicant furnished the names of the Applicant, description of the Applicant, the Reliefs sought by the Applicant and Grounds for seeking the reliefs sought – pages 3 – 10 of the Record of Appeal. There was also a verifying affidavit filed in the 7th of September 2009 – pages 15-16 of the Record of Appeal.

The Appellant [1st Respondent in the court below) filed a counter affidavit in opposition to the application ex-parte, dated 30th November 2009 (pages 32-34 of the Record of Appeal). He denied being involved in the matter, and urged the lower court to refuse the Respondents prayers. The Respondent filed a reply to the counter affidavit dated 14th December 2009 – pages 61-62 of the Record of Appeal.

After taking arguments from the respective parties, the lower court granted all the reliefs of the 1st Respondent (Respondent in the present appeal).

The Appellant is dissatisfied with the Ruling of the lower court and has appealed it.

Pursuant to the Practice Directions of this Honourable court, the Appellant filed a Notice of Appeal on the 17th of June 2010, encapsulating (shorn of the omnibus ground) four (4) Grounds of Appeal – pages 107-110 of the Record of Appeal.

The Appellant filed his Brief of Argument on the 26th of October 2010. It is settled by Tunde Adeoye Esq.

On his part, the Respondent filed his brief of argument on the 25th of November 2010. Same is settled by Clement Bosa Esq.