CaseLaw
Star Paper Mill Ltd V. Adebanjo & Ors. (1988) CLR 9(e) (SC)
Judgement delivered on July 3rd 2009
Brief
Facts
This appeal involves the determination of whether the Court of appeal, hereinafter called the lower Court, was right in striking out an appeal, when the parties have amicably resolved the dispute between them and filed terms of settlement before the Court.
The Plaintiffs who are the Respondents before this Court claimed before the High Court of Justice. Lagos among others, declaration that the lease granted in favour of Late Chief Ole Kami Oko by Alhaji Bisiriyu Lawal dated 14/8/1995 and registered as No.73 at page 73 in volume 1576 of the Land Registry, Lagos over a parcel of land situate, lying and being at 210, Ogungbesan Street, Coker Village Iganmu and measuring one acre has been determined by reason of forfeiture.
Both parties filed and exchanged pleadings and called witnesses in support of their case. The trial Judge, after listening to both parties delivered his judgment in favour of the Plaintiffs, and granted all the claims.
Being dissatisfied with the trial Court's judgment the Defendant appealed to the Court of Appeal. At the Court of Appeal, the Defendant/Appellant filed their brief of argument. Before the Respondents could file the Respondent's brief of arguments, the parties have agreed to resolve the matter amicably, as a result of which a terms of settlement was filed before the Court of Appeal. At the hearing of the appeal on the 6/5/2002, the parties urged the Court to make the Terms of Settlement, already filed as the judgment of Court. The Court of Appeal declined the request of the parties and struck out the appeal.
Dissatisfied with the order of striking out of the appeal made by the Court of Appeal, the Appellant further appealed to the Supreme Court.