The parties to this appeal, with the exception of the 9th defendant/respondent, are members of the Iba Community. The 1st defendant is the Oba of Iba Community.
In 1974, the Federal Military Government for the purpose of the Ojo Military Cantonment compulsorily acquired a parcel of the Iba Community land. Compensation of N9,064,986.00 was paid to the solicitor. He is the 9th defendant/respondent. The 9th defendant/respondent, after deducting his professional fees, paid the balance to the 1st to 8th defendants/respondents.
The plaintiffs/appellants who claim that part of their land of the Iba Community land was compulsorily acquired, demanded their share of the compensation money. The respondents refused, contending that the appellants had no right to any share of the community money. Being aggrieved, they filed an action at the High Court of Lagos State. In the light of the issues raised in the appeal, it is necessary to state in pleno the relief’s sought by the appellants:
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a
A declaration that the sum of N9,064,986.00 received by the 9th defendant from Federal Ministry of Defence vide a Central Bank Cheque No. 511397 being compensation money for the compulsory acquisition of the Iba Community Land vide Notice of Requisition No. 1727 published in the Official Gazette of the Federal Government of Nigeria No. 58 in Vol. 61 dated 14th November, 1974 was received for the benefit and enjoyment of the Iba Community in the Lagos State.
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b
A declaration that the sum of N4,532,493.00 paid by the 9th defendant to the Ado family of Ado Village in the Lagos State through the 7th and 8th defendants being one half of the compensation money referred to in paragraph (1) above belong to members of the Iba Community and as such was received and kept by 7th and 8th defendants as Trustees thereof for the benefit and enjoyment of the members of the Iba Community in Lagos State.
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c
A declaration that the sum of N4,532,493.00 paid by the 9th defendant to 1st–6th defendants being the other half of the compensation money referred to in paragraph (1) above belong to the entire members of Iba Community in Lagos State and such was received as Trustees of the said money for the benefit and enjoyment of the aforesaid members of Iba Community.
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d
An Order directing the 7th and 8th defendants to pay into Court the said sum of N4,532,493.00 for the benefit and enjoyment of the aforesaid members of the Iba Community.
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e
An Order directing the 1st–6th defendants to pay into Court the said sum of N4,532,493.00 had and received by them jointly for the benefit and enjoyment of the entire members of the Iba Community.
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f
An Order for inquiry into the nature and extent of the interests of the Iba Community in the said acquired land and for payment to the respective members of such sum or sums of money out of the monies paid into Court as may represent a fair and equitable compensation for their interests in the acquired land.
In the interim, the appellants through their counsel, filed two applications, viz:
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1
“Motion for leave to bring this action in a representative capacity.
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2
Motion for mandatory decree for payment of the compensation money into Court for the purpose of its being preserved pending the final determination of the substantive action”
The motions came before Ayorinde, J (as he then was) For reasons which are not quite clear from the Record the matter was transferred to Adeniji, J by the Chief Judge of the State. Adeniji, J heard the application for an injunctive order to pay the compensation money into Court. He did not see his way clear in granting it. He dismissed it. That was on 27th July, 1988. The learned trial Judge did not hear the motion for leave to bring the action in a representative capacity.
Dissatisfied with the ruling of the learned trial Judge, the appellants appealed to the Court of Appeal.
