Lamikoro Ojokolobo & Ors. V. Lapade Alamu & Anor (1987)
LawGlobal-Hub Lead Judgment Report
NNAMANI, J.S.C.
This is one more case in the series starting with the decision of this Court in Dominic Ifezue v. Mbadugha (1984) 5 S.C. 79. That case of course dealt with the interpretation of Section 258(1) of the Constitution of the Federal Republic of NIGERIA, 1979 (hereinafter known as the Constitution).
The short constitutional point taken in this appeal came about this way. In Suit No. 1/38/80 in the Ibadan Judicial Division of Oyo State, the respondents, as Plaintiffs, sued the appellants as defendants claiming as follows:-
“(a) Declaration that the entire members of plaintiff’s family are entitled to Statutory right of occupancy in respect of their family farmland situate, lying and being at Aromona village, Olojuoro Road, Ibadan, Oyo State of Nigeria which farmland had been in effective possession of the plaintiff’s family from time immemorial.
(b) N400 damages for trespass committed by the defendants, their servants and agents.
(c) Injunction.”
On the 12th October, 1982 Oguntoye, J. gave judgment allowing all the claims of the plaintiffs. I shall return to the proceedings in the High Court later. The defendants/appellants appealed to the Court of Appeal which on 22nd May, 1986 dismissed their appeal. The appellants then appealed to this Court. 3 grounds of appeal were originally filed. On the 18th day of May, 1987 learned Senior Advocate for the appellants, Professor A.B. Kasunmu moved this Court praying for leave to argue an additional ground of appeal couched in the following terms:-
“The learned Justices of the Court of Appeal erred in law in confirming the decision of the lower court which judgment is a nullity having regard to the provisions of Section 258 (unamended) of the 1979 Constitution of the Federal Republic of NIGERIA.
Particulars of Error
Judgment was reserved on the 7th day of July,1982 by the trial Court after the conclusion of evidence and final addresses which judgment was not delivered until 12th day of October. 1982.”
That prayer was granted. It is necessary now to set down the relevant proceedings of the Trial Court. At the conclusion of the evidence on page 126 learned counsel to the plaintiffs and defendants in the trial Court addressed the Court as stated on page 127-138 of the Record of proceedings. At the conclusion of that address on page 138 the learned trial Judge D.E.A. Oguntoye, recorded this –
“Judgment reserved to 16/7/82”. On 16th July, 1982 the learned trial Judge. Oguntoye, J. recorded this – “Judgment not read and further adjourned to 23/8/82”.
This was on the top part of page 139 of the Record Lower down on that same page the proceedings for 23/9/82 were recorded thus-
“Court:- The point raised by Mr. Peluela as to the filing of the Counter-Claim has just been raised before me in another matter, and I wish to consider the point further. Judgment is therefore, further reserved to 12th October, 1982.
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