Yekini A. Abbas & Ors V. Olatunji Solomon & Ors (2001)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 31st day of July, 1990 wherein it allowed the appeal of the defendants and declared the entire committal proceedings before Ayorinde, J., as he then was, a nullity. The Court of Appeal further set aside the conviction and sentence of imprisonment passed on the defendants by the trial court and ordered that no committal proceedings should be brought against the said defendants in the present Suit No. IK/95/71 during the pendency in court of Suit No. ID/26/74.

The plaintiffs, for themselves and on behalf of the Iposu family, had claimed against the defendants jointly and severally declaration of title to all that piece or parcel of land situate at Akesan in Epe, Lagos State, possession of the said land, N100.00 general damages for trespass and perpetual injunction. At the conclusion of hearing, the plaintiffs claim for declaration of title to the land in dispute was dismissed by the trial court. Their claim for possession also failed and was struck out. With regard to their claims for trespass and injunction, the learned trial Judge pronounced thus:-

“…..From the foregoing, the plaintiffs succeed in their claim for trespass against all the defendants including the 6th defendant who did not file a statement of defence nor give evidence at the hearing.

I award the sum of N10 as damages against each of the defendants for trespass.

I also make an order of injunction restraining the defendants, their servants or agents from further trespass on the land shown in Exhibit B and marked RED.”

Dissatisfied with this decision of the trial court, the defendants lodged an appeal against the same to the Court of Appeal, Lagos Division, which court in a unanimous decision on the 27th day of July, 1978 dismissed the appeal and affirmed the judgment of the trial court. The defendants’ further appeal to this court was on the 12th day of November, 1982 also dismissed and the decisions of both the trial court and the Court of Appeal were affirmed.

By a motion on notice dated the 21st day of June, 1983, the plaintiffs sought to commit the 1st, 3rd, 4th, 5th, 7th and 8th defendants to prison for contempt of court for their failure to obey the court’s order of injunction in the suit. The plaintiffs in the affidavit in support of their application claimed that the defendants trespassed on the land in dispute by failing to quit the said land, that the defendants boasted that they would not vacate the land and that this was in contravention of the order of injunction made against them restraining them from further acts of trespass on the land.

The defendants filed a counter-affidavit in which they described the averment that they trespassed on the plaintiffs’ land as “untrue”. They maintained that they merely remained in their respective houses and had not trespassed further on the land of the plaintiffs. They stressed that there was no order of court against them for recovery of possession of the land and that at all events the plaintiffs lost their claim for title to the said land.

At some stage in the proceedings, the parties went into negotiation for an amicable settlement of the matter. After failure to reach agreement, the proceedings were replaced on the cause list for hearing. On the 15th day of July, 1985 when the defendants appeared in court as ordered to show cause why an order for their committal should not be made, they were summarily ordered to be remanded in prison custody for contempt of court without an opportunity to show cause why they should not be committed to prison pursuant to the provisions of Order 9 rule 13 of the Judgments (Enforcement) Rules, Cap. 127, Laws of Lagos State, 1976. Further proceedings were thereafter adjourned to the 20th day of September, 1985 for hearing.

It would appear that the parties subsequently tried a settlement of the matter once more. The proceedings were adjourned a few times until on the 18th day of October, 1985 when the learned counsel for the plaintiffs, O. Afuye, Esq. peremptorily applied for the committal of the defendants to prison for contempt of court. The learned trial Judge, following this application and without hearing the defendants or inviting them to show cause why they should not be committed to prison for contempt of court as stipulated by law, proceeded summarily to find them guilty of contempt of court and sentenced them to a term of 6 months imprisonment in the first instance. Said the learned trial Judge:-

“Court: ……. I have carefully considered this matter, the more I delay or adjourn, the more confusion or bad blood would be created.

The respondents (i.e. defendants) have failed to comply with the order of the court. I commit the 1st, 3rd, 4th and 8th defendants to prison for 6 months in the first instance for disobedience”.

Aggrieved by this decision of the trial court, the affected defendants appealed against the same to the Court of Appeal, Lagos Division, which court on the 31st day of July, 1990 unanimously allowed the appeal. It declared:-