Z.O. Demuren V Ashimi Asuni & S. Sogunro (1967)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C.

This is an appeal from the decision of Madarikan J., in the Ijebu Ode High Court on the 17th of December, 1964, in which he struck out with 20 guineas costs the appeal of the defendant/appellant from the decision of the Ijebu Ode Divisional Grade “A” Customary Court which had awarded the plaintiffs the sum of £516-6s-2d. against the 3rd defendant, the present appellant before us. the other defendants being found not liable in an action in which the plaintiffs claimed-

“(1) The plaintiffs who are members of the Oya Family of Ijebu Ode and being co-owners of certain Oya Family lands situate and being at Ijebu Ode, claim against the defendants an account of all monies received by them either severally or jointly from various sales and leases of the said Oya Family lands, which acts were done without the knowledge and consent of the plaintiffs.

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(2) The payments over by the defendants to the plaintiffs of the shares of the amount that may be found due to the plaintiffs on the account rendered.

(3) The plaintiffs claim against the defendants an injunction restraining them from selling, leasing or otherwise alienating any portion or piece of the said Oya Family lands without the concurrence of the plaintiffs.”

The President of the Ijebu Ode Divisional Grade A Customary Court delivered his judgment on the 18th of October, 1963, and the 3rd defendant gave notice of appeal against that decision on the same day, thus coming within the 30 days required by Section 48(1) of the Customary Courts Law of Western Nigeria. On the 1st of November, 1963, the Ijebu Ode Divisional Grade A Customary Court laid down conditions of appeal in the following terms-

“The appellant on or before the 11th of November, 1963 shall-

(a) deposit into court the sum of £5 to cover the preparation and transmission of records.

(b) Deposit into court the sum of £45 to meet costs in this Court and possible costs in the High Court.

(c) File a memorandum of his records of appeal.”

In laying down these conditions the Ijebu Ode Divisional Grade A Customary Court was purporting to act in accordance with Rule 2 of Order 18 of the Customary Courts Rules of Western Nigeria.That rule originally read in 1958 as follows–

“2.Upon receiving the notice of appeal, the clerk of the court shall file the same, and the court shall order as the circumstances of the case may require-

(a)a deposit of a sum of money by the appellant to cover the costs of making up and transmitting the record of appeal;