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Daily Times Nigeria Tuesday, May 10, 2016
Law Æ s
Peter Fowoyo Justice L. Kasali of a Lagos High Court, Igbosere has ordered Governor Akinwunmi Ambode of Lagos state and three others to maintain status quo in a property demolition suit brought by Mrs. Olubukunola Osomo, pending the hearing and determination of a motion on notice for interlocutory injunction. Also affected by this order of court are: Attorney-General of Lagos state, Lagos state Development and Property Corporation (LSDPC) and the Attorney-General of the Federation and Minister of justice. In a motion on notice brought pursuant to order 39 rule 1 of High Court of Lagos State (Civil Procedure) Rules 2012, the claimant sought the court for an order of mandatory injunction directing the defendants, including their agents, servants, privies, representatives or anybody whosoever acting on behalf of the defendants to immediately vacate possession of the premises pending the hearing and determination of the substantive suit. An order of mandatory injunction directing the defendants including their agents, servants, privies, representatives or anybody whomsoever acting on their behalf to restore to the claimant, her agents, tenants, all the persons put into physical possession of the premises by the claimant into actual possession of the said premises pending the hearing and determination of the substantive suit. The claimant, Mrs. Olubuku-
Ikoyi Property Demolition: Court orders Gov. Ambode, others to maintain status-quo
Ambode
nola Osomo, had through her lawyer, Chief Bolaji Ayorinde SAN, approached the court for an order declaring that the claim of the governor, his AttorneyGeneral and LSDPC being par-
ties to suit No:LD/506/LM/2015 between Olukukunola Osomo v. Governor of Lagos state and 2 ors have no right , power or authority to enter into and demolish the property at plot 439
Karimu Giwa street, South West Ikoyi during the pendency of the said suit. Mrs. Osomo asked the court to declare that the action of the 1st-3rd defendants herein in entering into destroying and demolishing the property at plot 439 Karimu Giwa street, South West Ikoyi during the pendency of this suit at the Lagos High Court is unlawful, illegal and amounts to resorting to self help in respect of a matter already pending before the court of law. Besides, the claimant asked the court for an order declaring her as the person entitled to the statutory right of occupancy of the property situate at plot 439 Karimu Giwa Street, South West Ikoyi, Lagos and registered in No 69, page 69 Volume 2432 of the Lagos Land Registry. Specifically, the claimant asked the court for an order that the defendants cannot acquire rights or title over the claimant property lying and situate at 439 Karimu Giwa Street, South West Ikoyi, Lagos by virtue of the Edict of 1976 as contained in the Lagos state Gazette No 19 Vol.9 of 15th April, 1976. A declaration that the 1st-3rd defendants cannot by legislation
take over title of any land vested in the Federal Government of Nigeria and in particular the claimant’s property at plot 439 Karimu Giwa Street, South West Ikoyi, Lagos and which property covered by Federal Land Certificate LO5575. The claimant asked the court for an order declaring that her property was not acquired by the defendants by virtue of Federal Government Decree of 1975 and the Lagos state Edict of 1976 as contained in Gazette No 19 vol. 9 of 15th April, 1976. An order of perpetual injunction restraining the defendants whether by themselves, their agents, servants assigns, privies, representative, interlocutors or anybody whomsoever acting on their behalf from carrying out further acts of trespass, destruction, demolition, entering into or carrying out any further action whatsoever on the property at plot 439 Karimu Giwa Street, South West Ikoyi, Lagos. The claimant asked the court for an order awarding the sum of N2billion being general and special damages as against the 1st-3rd defendants for the destruction and demolition of the property.
Land grab: Lagos monarch drags lawyer, others to court Peter Fowoyo The Oloto of Otto and Lagos Mainland, Oba Ganiyu Odesanya has sued his family’s former lawyer and seven others over a disputed 5.708 hectares of land situate at Oke - Alo, along Ilupeju, Gbagada/ Oworonsoki Express Way, Lagos. The monarch, on his behalf and his family in suit No.ID/8383/14 is asking a Lagos High Court, Ikeja to declare the Oloto Royal Family the owner entitled to a Statutory Right of Occupancy over the land with Survey Plans Nos.FAN/LA/295/2001 and
OY295/37/2002/LA. Sued are Mukaila Olajide Oseni (For himself and on behalf of Adams/Esu Family); Chief Lasisi Arubo (For himself and on behalf of Alase Family); Diya Fatimilehin & Co. and the Lagos State governor. Others are the state’s Attorney-General & Commissioner for Justice; The Commissioner, Ministry of Housing and Rilwan Dawodu Esq. Besides, the claimant sought the court for an order setting aside the terms of settlement dated December 17, 2004 and consent judgment in Suit No.ID/2118/2000 on the grounds of fraud and misrepresentation
of facts and forgery. An order setting aside the terms of settlement and consent judgment of February 7, 2005 entered in Suit No.ID/1116/2004 on the grounds of fraud and misrepresentation of facts. The claimants also asked the court for an order setting aside the purported terms of settlement and consent judgment in Suit No.ID/747/99 on the grounds of fraud and misrepresentation of facts as same was never entered into or never in existence as the matter was struck out for lack of diligent prosecution. An order declaring the Oloto Royal Family the owner
entitled to a Statutory Right of Occupancy over the 5.708 hectares with Survey Plans Nos.FAN/LA/295/2001 and OY295/37/2002/LA at Oke-Alo, along Ilupeju Gbagada/Oworonsoki Express Way, Gbagada. An order to set aside all sales, assignments, conveyances or transfers made by the defendants pursuant to the Terms of Settlement or Consent Judgment of June 19, 2005 and a perpetual injunction restraining the first to seventh defendants parading themselves as owners of the land. In an amended statement of claim dated March 3, 2016, and signed by Bolaji Mustapha Esq.
the claimant averred that the 5.708 hectares covered by Survey Plan No. LS/D/LKJ 1876 was excised to it by the Lagos State government from their original plot measuring 54.856 hectares. He said that he was represented by the seventh defendant, Dawodu, in the negotiations for out-of-court settlement initiated by the fourth, fifth and sixth defendants. The claimant alleged that Dawodu refused to make the Terms of Settlement available to him on the grounds that it was yet to be signed by the other parties, which was later found to be untrue.