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BAKARE V. OLORUNIMBE (2021)

case summary

Court of Appeal (Lagos Division)

Before Their Lordships:

  • Obande F. Ogbuinya JCA
  • Tijanni Abubakar JCA
  • Jamilu Yammama Tukur JCA

Parties:

Appellants:

  • Mrs. Christiana Jokotade Bakare
  • Evangelist Oladipo Olajide
  • Mrs. Olabisi Soderu
  • Mrs. Titilayo Aigoro Isaac
  • The Registered Trustees of Capstone Church

Respondent:

  • Ahmed Olorunimbe
Suit number: CA/L/42/2015

Background

This case arises from a dispute over ownership of two properties in Yaba, Lagos. The respondent asserted that his late father owned the properties and that the deceased defendant, Biodun Ojo, unlawfully developed them. The respondent claimed various reliefs, including a declaration of ownership, an injunction against further trespass, and damages. The trial court ruled in favor of the respondent, but the defendant had died before the judgment was rendered. The appellants, as the deceased's heirs, sought to set aside the judgment, arguing that it was a nullity due to the death of the defendant.

Issues

The case presented two primary issues:

  1. Whether the judgment delivered in the suit is sustainable given the death of the defendant before the judgment.
  2. Whether the court became functus officio upon the delivery of the judgment.

Ratio Decidendi

The appeal was allowed based on the fundamental legal principle that a party who is deceased cannot be adjudicated in court. The Court of Appeal ruled that judgments against deceased persons are nullities since such persons lack legal personality to either defend or prosecute an appeal.

Court Findings

The court found that:

  1. The judgment delivered on December 6, 2013, was void due to the fact that the defendant had died on November 28, 2012.
  2. The principle of functus officio became irrelevant as the court retained the ability to set aside its own judgments under certain circumstances, particularly when those judgments are encumbered with a nullity.

Conclusion

As a result, the Court of Appeal set aside the lower court's judgment. It reinforced the necessity of having capable parties in court for proceedings to maintain their legality and jurisdiction. The court underlined that any judgment delivered posthumously against a non-existent legal entity is fundamentally flawed.

Significance

This case underscores the importance of proper legal representation and the impact of juristic personality on judicial proceedings. It illustrates the legal doctrine that a deceased party cannot be subject to legal actions and emphasizes the duty of courts to ensure that judgments are made only against parties with legal standing. The ruling clarifies the circumstances under which a court can set aside its previous judgments and highlights the limitations of the functus officio doctrine.

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