The applicants, who are the executor and beneficiaries of the estate of the 10th Claimant, Claudius Soderu (deceased) in Suit No. HK/11/59 at the Ikeja High Court, brought this motion on notice under section 22 of the Supreme Court Act, 1960, Order VII Rule 29 of the Supreme Court Rules (1972) and Order 20 Rule 11 of the Supreme Court of England, for an order of this Court:-

"to correct the error or slip on the face of the CONSENT JUDGMENT signed and delivered by His Lordship, the Chief Justice of Nigeria (as he then was) on the 31st day of January 1972, the error or slip being the wrongful joining or misjoinder of the Late Claudius Adebowale Soderu, the 10th Claimant in Suit No. HK/1I/59 as one of the 3rd to 31st Claimants represented in the consent Judgment by Mr. Ajose-Williams' brier, in Appeal Nos. SC/83/1970 and SC/369/1970 and for an order that the 10th Claimant is entitled to be paid compensation of N4, 400.00K for his 4.390 acres of land compulsorily acquired by the Minister of Lagos Affairs, Mines and Power and for such further and or other order or orders as this Honourable Court may deem fit to make in the circumstances."

There are accordingly two distinct prayers sought by this motion: (1) an order to correct an error on the face of the consent judgment delivered by the Supreme Court on January 31, 1972, and (2) an order directing that the 10th Claimant is entitled to be paid compensation of N4, 400,00K for his 4,390 acres of land compulsorily acquired by the Government.

Land was acquired in the Ikeja Area by the then Minister of Lagos Affairs, Mines and Power who then took out an originating summons to determine those entitled to the compensation money.

There were two separate actions arising from this:

When the two appeals came before the Supreme Court, the parties through their counsel agreed to compromise the various suits in consent Judgment, to which Soderu's estate was not a party.