Prince Adetunde Ogunsanya & Anor V. Mukaila Abdullahi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This appeal dated 23rd July 2007 was filed by Prince Adetunde Ogunsanya and Enigbokan Abudu on 27th July 2007 as 58th & 59 Defendants in suit No.ID/117/M/2004 where judgment was given against them together with other Defendants in that suit for possession. See page 430 – 439 of the record of appeal.

The said suit ID/117M/2004 emanated from suit No.ID/2595/92 where the Plaintiff got judgment for declaration of title against 59 Defendants and other unknown persons on the land. The Appellants herein were 58th and 59th Defendants respectively as principal for and on behalf of Ogbenla family. In that suit ID/2595/92 the trial judge, Justice S. A. Adebajo adjudged the Plaintiff to be the rightful owner of the disputed land (see page 15 of the record) and the Defendants including the Appellants herein were declared to be trespassers on the land.

The Defendants including the Appellants brought application for stay of execution of the judgment before Justice Adebajo and same was dismissed by the Honourable Justice (see pages 17-21 of the record).

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Yet dissatisfied with

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the ruling, the Appellants brought similar application for stay of execution at the Court of Appeal where same was granted conditionally. The Court of Appeal granted the Appellants a conditional one year stay to enable them expedite the prosecution of the appeal. See page 218-226 of the record of appeal. Over one year after the order of the Court of Appeal, the Appellants did nothing to prosecute the appeal only for them to bring an application for extension of the order for stay. The Plaintiff/Respondents opposed the application and their motion for extension of the stay of execution was dismissed by this Court. See page 226 of the record. Upon dismissal of the stay, the Plaintiff/Respondent attempted to execute the judgment but was informed by the Deputy Sheriff of the trial Court that though the Plaintiff had judgment for the ownership of the land there is no order for possession. This necessitated the filing of suit No.ID/117M/2001 to enable the Plaintiff/Respondent take possession of the land from the Appellants.

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The suit was instituted in the name of Salami Oruku for himself and the entire Ayonnusen Chieftaincy family. See page 1-5 of the record.

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However, having realized the demise of Chief Salami Oruku substitute him with Alhaji Mukaila Abdulahi. See page 32-3S of the record of appeal. After a careful consideration of the motion, the learned judge, who then presided over the matter, Justice Olokoba granted the application and Alhaji Mukaila Abdulahi was accordingly substituted for Chief Salami Oruku for himself and the entire Ayonnuse Chieftaincy family.

See pages 199 ? 201 of the record of appeal.

The learned trial judge there and then adjourned the matter to 17th May 2004. However, before the said return date, he was transferred from the jurisdiction and Justice Oke-Lawal took over the conduct of the case. From the sole ground contained in notice of appeal at pages 444-445, Appellant formulated the sole issue for determination.