FADARE & ORS V. A-G. OF OYO STATE

• Pages: 52-65

52

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NIGERIAN SUPREME COURT CASES

[1982] N.S.C.C.

one set of claimants, and another set of persons to represent the parties re-

sisting the claim, and the right might be finally decided as between all par-

ties in a suit so constituted."

The rule has been described as "a rule of convenience only" (See

Harrison v.

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5

Abergavenny (Marquis of)

(1887) 3 T.L.R. 324 at page 325; as a rule that was orig-

inated for convenience, it has been relaxed. See

Bedford (Duke of) v. Ellis

(1901)

A.C. 1 at page 8 is a rule which ought not to be treated as rigid but as a flexible

tool of convenience in the administration of justice. (See

John v Rees

(1969) 2

W.L.R. 1294 at page 1306.)"

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10

For the above reasons and the reasons given by my learned brother, Uwais,

J.S.C., I hereby dismiss the appeal. I would and I hereby award the respondent

the same costs as ordered by my learned brother, Sowemimo, J.S.C.

ESO, J.S.C.:

I have had the advantage of reading in draft the judgment just

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15

delivered by my learned brother Uwais, J.S.C. I agree with this judgment. I must

also add that as Sowemimo, J.S.C. has said in his judgment it is now settled law

where it is patent to the trial court that some individuals could not for good reasons

be in position to represent a community, then it would be wrong for the court to

make an order for such representation.

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20

The appeal must be dismissed and it is hereby dismissed. I abide by the order

as to costs contained in the judgment of the Presiding Justice Sowemimo, J.S.C.

Appeal

dismissed.

25

FADARE & ORS V. A-G. OF OYO STATE

30

LASISI FADARE & ORS.



APPELLANTS

V

A-G. OF OYO STATE



RESPONDENT

SUIT NO. SC. 29/1981

SUPREME COURT OF NIGERIA

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35

SOWEMIMO,



J.S.C.

ESO,



J.S.C.

ANIAGOLU,



J.S.C.

NNAMANI,



J.S.C.

UWAIS,



J.S.C.



40

2nd April, 1982

Land Law - Public lands acquisition - Claim for compensation - Statute barred

- Limitation of action - Compensation claim for compulsory acquisition - When

time begins to run.

Practice and Procedure - Preliminary objection - Whether made after issues have

been joined - Whether demurer application - High Court Civil Procedure Rule

of Western Nigeria 0. 22 R. 2 &. 3.

45

50

Appeals - Supreme Court - Whether points not raised in the courts below can

be raised in the Supreme Court.