PA Abdul-hamid Aina & Ors V. Chief Lamidi Amure & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The Appellants, as Claimants in the High Court of Justice, Lagos Judicial Division holden in Lagos, had instituted an action against the Respondents (as Defendants in the lower Court), vide Writ of Summons and Statement of Claim dated 4th of May 2006.

In paragraph 40 of the Statement of Claim, the Claimants claim the following reliefs viz:

(i) “A DECLARATION that the 1st to 3rd Defendants and/or their privies do not have the exclusive right to determine any issue of chieftaincy either by way of selection or nomination or appointment or by any other means, of any person as Regent or acting Baale or Baale of Era Town in Ojo Local Government Area of Lagos State or any chieftaincy title of the same species thereto without due consultation with and consent of the member of Claimants’ OTUNBI-IDEWU ROYAL FAMILY.”

(ii) “A DECLARATION THAT any such selection or nomination or appointment of any person as Regent or acting Baale of Baale or any chieftaincy title of the same species of Era Town made by the Defendants either jointly or severally without due consultation with and consent of the Claimants’ OTUNBA-IDEWU family is illegal therefore null, void and of no effect.”

(iii) “AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants whether by themselves or in conjunction with anyone from nominating or selecting or appointing or installing any person to the Regency of acting Baaleship or Baaleship or any chieftaincy title of the same species OF ERA Town, without due consultation and consent of the Claimants’ OTUNBA-IDEWU ROYAL FAMILY of ERA TOWN.”- Pages 3-10 of the Record of Appeal.

On the 17th of June 2008, the Appellants filed a motion for an order entering Judgment for the Claimants against all the Defendants as per the Statement of Claim dated 4th May 2006 – pages 59-62 of the Record of Appeal.

On the 4th of July 2011, the 1st – 3rd Defendants filed an application for leave to extend time, within which they may file an application to set aside the Defendants’ Judgment delivered in the suit on 2nd March 2010; extention of time within which to set aside the default Judgment, and for an order setting aside the said default Judgment – pages 67-70 of the Record of Appeal.

On the 9th of December 2011, the Appellants filed a motion on Notice seeking an order of Court striking out the 1st – 3rd Defendants/Respondents motion dated 4/7/2011, on the ground that the lower Court lacks the jurisdiction to entertain same – pages 80-81 of the Record of Appeal.

From records, notice of appeal was filed on the 17th of May 2010 against the Judgment of Adebajo J. contained in the Judgment delivered on the 2nd day of March 2010 – pages 82-87 of the Record of Appeal.

From Records, Notice of withdrawal of Appeal was filed on the 26th of December 2011 – page 95 of the Record of Appeal. This was after the Judgment had been delivered on the 2nd of March 2010, in an application by the Claimants for Judgment.

In the Judgment, the learned trial Judge granted the reliefs sought in the claim, in favour of the 1st- 3rd Respondents.

This decision is what the Appellants is appealing.

Pursuant to the Practice Direction of this Honourable Court, the Appellants filed a Notice of Appeal on the 23rd of March 2012 – pages 136 – 140 of the Record of Appeal. lt encapsulates five (5) Grounds of Appeal.