Prof. Akin Mabogunje & Ors V. Mr. Ademola Adewumi Odutola & Ors (2002)

LawGlobal-Hub Lead Judgment Report

ADEKEYE, J.C.A.

By a motion on notice, dated the 2nd day of October, 2001 and filed on the 3rd day of October, 2001, Chief Babatunde Olushola Benson SAN as an interested party/applicant prayed for the following order:

“An order of this Honourable Court, granting leave to the applicant as a party interested to be joined as co-respondent in the appeal before this Honourable Court, against the judgment and order of Honourable Justice I. B. Delano, delivered on 24/5/2000 in suit No. AB/130/96 at the Abeokuta High Court, Ogun State and for such further and other orders as this Honourable Court may deem fit to make in the circumstances.”

When moving the application on 6/6/2002, the learned Counsel for the interested party/applicant (hereinafter called the applicant) O. F. Adeniyi (Mrs) told this court that the motion on notice was brought pursuant to Section 243 of the Constitution of the Federal Republic of Nigeria, 1999; Order 3 rules 3(1) 4 and Order 1 rule 20(1) of the Court of Appeal Rules. She pointed out that the applicant as an interested party, is seeking to be joined as a co-respondent in the present appeal before this court. She also stated that the motion is supported by a 28 paragraph affidavit with some exhibits. She relies on all the paragraphs of the affidavit particularly paragraphs 8 – 17 thereof. She also cited and relied on the case of Busari v. Oseni (1992) 4 NWLR (Pt. 237) 557 where a ‘party interested’ was defined. She then submitted that the applicant has satisfied the test for a sufficient interest of a party seeking to be joined in a proceeding as prescribed in the case of Albion Const. Co. Ltd. v. R.O.O. Investment & Properties Ltd & Anor. (1992) 1 NWLR (Pt. 219) 583 at 587. She argued that the applicant’s interest in the matter is on the counsel’s fees which by the ruling of the trial court dated 24/5/2000 (exhibit PB attached to the affidavit in support of the motion) was ordered to be paid to him, out of the estate of the deceased.

Thus, it is pointed out that the applicant will be affected by the outcome of the present appeal, which is against the said ruling -See grounds 1 and 2 of the grounds of appeal attached to the motion paper and marked exhibit PC. The learned Counsel for the applicant finally urged this court to grant the application as prayed in the motion paper.

The learned Counsel for the appellants/respondents. Chief B. Aiku (SAN) opposed the application. He has filed a counter-affidavit on 10/4/2001. He referred to the earlier ruling of this court delivered on 30/4/2002 in which the applicants client (deceased) was substituted by his daughter, Miss Adejumoke Odutola, as the 13th respondent in the appeal, see the ruling of this court in the earlier motion in CA/I/M./150/99. The learned SAN submitted that the interest of the applicant as a counsel to the substituted 13th respondent will be sufficiently protected by her as his new client. It is pointed out that apart from the applicant, the order on payment of counsel’s fees also affected Ayanlaja SAN who represented the 1st – 12th respondents in the case but has not applied to be joined in this appeal.

The applicant’s counsel relied on the paragraphs of the supporting affidavit and particularly paragraphs 6-17. Of particular interest are paragraphs 12-16 – which shall be reproduced below:

Paragraph 12

That before judgment was delivered on 24/5/2000, the applicant submitted to the administrator his final bill totaling N11,500.000.00 (Eleven Million Five Hundred Thousand Naira only) under cover of letter of 18/5/2000 and a copy sent to the court. The said bill and covering letter are attached and marked as exhibit PA.

Paragraph 13

That upon delivery of judgment on 24/5/2000, the applicant prayed the court to approve the bill for professional service rendered in the suit whereof the court approved same.

Paragraph 14

That attached and marked as exhibit PB is the order of court approving that counsel fee be paid.

Paragraph 15