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BENSON AKINTOLA SUNMONU IGE & ORS. V. BABAJIDE AKINWUNMI FARINDE & ORS.

(1994) JELR 43417 (SC)

Supreme Court  •  SC.328/1990  •  8 Jul 1994  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
P. O. Jimoh- Lasisi (with him, J. K. Adeyi- Odubakun and E. O. Adewunmi) For Appellant A. Akinyode (with him E. O. Okoricha (Miss)- for the Plaintiff/Respondent Chief A. O. Adefala-for the Interveners/Respondents For Respondent

Judgement

IGUH, JSC (Delivering the Leading Judgment): The issue that calls for decision in this appeal is whether the joinder of the interveners as the 2nd-7th plaintiffs in this case is justifiable or permissible in law.

By a writ of summons filed on the 3rd day of October, 1984 in the Ikeja Judicial Division of the High Court of Justice, Lagos State, the plaintiff sued the defendants, who are now appellants herein claiming as follows:-

"1. Declaration that the plaintiff is entitled to use and occupation to the exclusion of the defendants and their agents of all that area of land described in plan No. OGEK 894B/77 measuring 7779.883 square metres situate, lying and being at Igando Village which is more described on Plan No. OGE/894B/77 (a copy of which is attached herewith and marked Annexure A).

2. Perpetual Injunction restraining the defendants their servants and agents from further acts of trespass on the aforesaid land described in Annexure A.

3. Damages suffered by the Plaintiff as a res…

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