A. U. DEDUWA & ORS VS EMMANUEL AMOMA OKORODUDU & ORS
August 11, 2025HIS HIGHNESS UYO V. NIGERIAN NATIONAL PRESS LTD & ORS
August 11, 2025Legalpedia Citation: (2022-04) Legalpedia 32329 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Jun 21, 1974
Suit Number: SC 83 & 369/1970
CORAM
ELIAS, JUSTICE SUPREME COURT
IRIKEFE, JUSTICE SUPREME COURT
SOWEMIMO, JUSTICE SUPREME COURT
PARTIES
CHIEF O.B. AKINOLUGBADE
APPELLANTS
ONIGBONGBO
RESPONDENTS
AREA(S) OF LAW
CONSENT JUDGMENT
SUMMARY OF FACTS
The applicants, who are the executor and beneficiaries of the estate of Claudius Adebowale Soderu (deceased), at the High Court, brought a motion on notice to the Supreme Court for an order to correct the error or slip on the face of the CONSENT JUDGMENT signed and delivered by his Lordship, the Chief Justice of Nigeria, the error or slip being the wrongful joining or misjoinder of the Late Claudius Adebowale Soderu, the 10th Claimant as one of the 3rd to 31st Claimants represented in the consent judgment, and for an order that the 10th Claimant is entitled to be paid compensation for his acres of land compulsorily acquired by the Minister of Lagos Affairs, Mines and Power. The trial judge held that the claimants were not entitled to any compensation.
HELD
The court ordered that the joinder of Claudius Adebowale Soderu (deceased) as one of the 3rd to 31st claimants represented in the consent judgment in Appeals was inadvertent, that the estate of the said C. O. Soderu (deceased) was entitled to be paid compensation in respect of his 4,390 acres of land compulsorily acquired by the then Minister of Lagos Affairs, Mines and Power, and that the consent judgment be amended so as to exclude C. O. Soderu (deceased) as one of the 3rd to 31st claimants represented in the said consent judgment.
ISSUES
The learned trial Judge erred in law when he said the statement of interest of the parties was pleading and as it did not contain any facts relied upon against the Egba Refugees claim as a class evidence led in support of the averment that they were not as a class entitled to compensation for the land was inadmissible, and in rejecting all the evidence.
The learned trial Judge misdirected himself on the evidence when he held that the Egba Refugees are entitled to compensation when there was no claim made by the Egba Refugees and it was clear that claims that were made were by individuals.
RATIONES DECIDENDI
CONSENT JUDGEMENT
“The law is that a consent judgment resulting from a compromise where the legal issues have not been litigated may be corrected at the suit of a person aggrieved by such a judgment.”
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
