Confusion in court over defendant’s name
MAY 8, 2013
There was confusion at the Chief Magistrate’s Court, Yaba, Lagos State, after the magistrate of the court, Mrs. S.K Matepo, insisted on knowing the real name of a defendant, identified simply as Mama Tayo.
A landlord, Mr. Tajudeen Jayeola, had brought his tenant, Mama Tayo to court to reclaim the apartment she rented to her after she failed to continue payment of rent.
The matter, however, could not be heard as the magistrate said it was important that the counsel to the plaintiff, Wale Adebayo, get the full name of the defendant.
The remarks created confusion for some time as the bar and the bench became locked in a legal argument.
Matepo told Adebayo that it was wrong for a party to a suit to be identified in a name other than his real name, adding that it could lead to the case being dumped at a higher court.
She said, “How will you join a lay man in making mistakes. It is wrong. Let us get it right. If we cannot correct them at this point, when are we going to do that? What if the son or daughter through whom the person is identified died? What will you do?”
However, a senior member of the bar, who identified himself as Lekan Alaka, said the bench misfired.
He added that the court is not a court of moral, but a court of law.
He said, “If you have related with someone in a particular name for some time, you will not be allowed to deny that relationship and benefit from your wrong.”
Alaka cited instances of people in the Northern part of the country bearing such names as Baba Yusuf.
As the matter aggravated, Matepo insisted that to keep documents intact, Adebayo should get the real name while putting the alias in bracket.
She further urged the bar to educate landlords to always use the real names of their tenants when they are signing legal documents and not an alias as it could create confusion. The case was adjourned until May 16.
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