Appeal court’s verdict upstages residents of Mosan-Ipaja estate

Residents and occupiers of Babatayo Oni Estate, Mosan in Ipaja, Lagos have been thrown into panic by the recent verdict of an appeal court sitting in Lagos, which struck out their appeal against the judgment of Justice T. A .O Oyekan Abduallahi of a Lagos High Court.

The judgment delivered on March 23, 2012, had declared the claimant, Mr. Christopher Olatunde as entitled to the right of occupancy in respect of the estate, which is located on a parcel of land lying and situating at Mosan Village, Ipaja, measuring approximately 2,983 hectares with Survey Plan N0 Kesh/L/463/A-B drawn by Alhaji Y. O Kasamu.

But the inability of the residents and occupiers to meet with the agreement reached with the judgment beneficiary and claimant in the suit,  Olatunde resulted to a fresh legal move to oust them from the estate.

In the agreement reached shortly after the outcome of the appellate court ruling delivered on April 7, 2016, the residents through their Landlord Associations are to pay the sum of N3million per plot of the occupied estate.

The appellate court presided by Justice Amina Augie had in its verdict struck out the appeal lodged against the judgment for want of diligent prosecution.

The appeal was against the judgment of the lower court, which ordered perpetual injunction, restraining the defendants either by themselves or by their servants, agents, privies or otherwise from entering upon and or committing any further or other acts of trespass on the claimants’ said land or any part thereof.

The court further awarded the sum of N200, 000.00 as general damages jointly and severally against the defendants, which included Mrs. Lola Kehinde, Mr. Kayode Oni, Mr. Ibironke, Mr. Adeoye, Mr. Udor, Mr. Samuel Kunde Adeleye and Mr. F.R. Gbadamosi.

But the defendants, who were in possession of the land during the pendency of the suit had continued to sell to residents including the 29 occupiers.

However, the appeal inherited by the 29 occupiers, which sought to set aside the verdict of the lower court, through Appeal No: CA/861M/2012 was in April struck out by the appellate court and deleted from the cause list, thereby leaving them with no appeal and/ or application against the judgment of the Lagos High Court delivered by Justice T.A.O Oyekan Abduallahi.

Capitalising on this verdict, the claimant through his counsel, Dada Awosika has approached Lagos High Court by a way of an originating summons for possession of the occupied estate.

Named as defendants in the new suit are the 29 occupiers of plots in estate, who include, Mrs. Lola Kehinde, Mr. Kayode Oni, Mr. Adeoye, Mr. Udor, Mr. Samuel Kunle Adeleye, Mr. Dare Adewale, Mr. Segun Ajayi and Mr Gbenga Ajayi.

But service of the originating summons on the 29 occupiers of the estate was difficult leading to a motion exparte for substituted order brought by the claimant.

The motion was hinged on the grounds that the Sheriff of the court has not been able to effect personal service of the processes and that the Sheriff had on several occasions gone to the last known addresses of the 29 defendants and they have been evading service.

The counsel had argued that the respondents (occupiers) have also continued to threaten the Sheriff with violence; hence the originating processes could not be severed on them.

He also contended that by advertising the process vide National Daily; the processes would be adequately brought to the attention of the respondents.

Already, Justice Adebisi Akinlade of a Lagos High Court, Igbosere, had agreed with the arguments of the claimant counsel and ordered that the 29 respondents be served with the originating summons for possession, affidavit in support, written address and all other front loaded documents as well as all other subsequent processes of the court, vide publication in a National Daily.

The judge has also fixed hearing of the matter till July 5, 2016, which was later, adjourned till a later date because of the Eid-il fitri public holiday.

In the originating summons brought under order 53 rule 2 of the Lagos High Court of Lagos State, the claimant is seeking an order of court directing the defendants to yield up or deliver up possession of the parcel of land lying and being / situate at Mosan village Ipaja and covered by the judgment of Justice T.A.O Oyekan Abdullahi dated March 23, 2012.

The motion was premised on the grounds that the defendants are in occupation of the land without the claimant’s license or consent and that the court had in a judgment in 2012 held that the claimant is entitled to the right of occupancy in respect of the above mentioned property.

They contended that there is no appeal and/ or application against the judgment of the Lagos high court given by Justice T.A.O Oyekan Abdullahi, while several letters have been written to the defendants to vacate and /or deliver up the property to no avail.