Alhaja Afusat Ijelu & Ors. V. Lagos State Development And Property Corporation & Ors. (1992)

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This application has been brought pursuant to the provisions of Section 213 (5) of the Constitution of Nigeria, 1979. Order 2 Rule 31(1) and (2) of the Supreme Court Rules, 1985 and the Court’s inherent powers. The applicants seek leave of this court for the following orders:-

“(i) An order for extension of time within which to seek leave to appeal against the decision of the Court of Appeal (Lagos dated 23rd November, 1989.

(ii) An order for leave to appeal as interested persons under section 213(5) of the 1979 Constitution.

(iii) An order of extension of time to appeal.

(iv) Stay of execution of the judgment pending the determination of the appeal:’

For a better understanding of the application, a brief resume of the background facts is necessary. Aziz Assad Tayah were the original owners of the property situate at 78 Nnamdi Azikwe Street, Lagos, formerly called 78 Victoria Street. These original owners had tenants on the property. Then sometime in 1960 the property was purportedly acquired by the Lagos Executive Development Board (LEDB), the predecessor in title of the Lagos State Development and Property Corporation (hereinafter called LSDPC). Notice of the said acquisition was supposedly served on the original owners by the acquiring authority which did not take immediate possession of the property and when it decided to take possession, it notified the tenants and demanded payment of rents to it.

Adonis Stores, one of such tenants took out an interpleader summons in the Lagos High Court in Suit No. M/163/84 asking the court to determine which of the two – Tayah or LSDPC – was entitled to collect the rents accruing from the property. The High Court, after hearing oral evidence ruled in favour of the LSDPC. Tayah and Adonis appealed against the ruling of the High Court to the Court of Appeal Lagos in Appeal No. CA/L/153/88. The Court of Appeal reversed the decision of the High Court and declared that Tayah were entitled “to collect rents from tenants on their property situate at No. 78 Nnamdi Azikwe Street, Lagos”.

LSDPC’s attempt to appeal against the Court of Appeal decision to this court did not succeed as their application for extension of time within which to seek leave to appeal was refused on 11th December, 1991. There is thus no appeal pending in this court by LSDPC and the decision of the Court of Appeal that Tayah are entitled to collect rents from tenants on their property situated at No. 78 Nnamdi Azikwe Street still subsists as against all the tenants, including the applicants.

The present applicants, who, like Adonis Stores, are tenants, neither took part in the interpleader proceedings in the High Court nor in the appeal in the Court of Appeal.

It is against this background that the applicants have come to this court seeking leave to be let in to appeal as parties interested against the decision of the Court of Appeal under Section 213(5) of the 1979 Constitution.They complain that although they were not given a hearing the order affects them adversely.

In the brief tiled on their behalf by Mr. T.O.G. Animashaun the following four issues have been formulated namely.:-

“(a) Whether the Applicants are interested persons capable of filing an appeal under section 213 (5) of the Constitution of the Federal Republic of Nigeria, 1979;

(b) Whether the Applicants, being entitled to appeal have shown good and substantial reasons and special circumstances to warrant this Honourable Court departing from its rules by granting them an enlargement of time within which to seek leave to appeal;

(c) Whether the Applicants have shown prima facie arguable case;