Court stops firm’s activities on disputed Lagos land
• Orders accelerated hearing
Justice Olufunke Sule-Amzat of a Lagos High Court sitting in Yaba, has ordered a firm, UPDC Plc., to maintain status quo in a suit filed against it by Oluwafemi Ayodele.
The suit is in respect of the portion of land covered by piles along Bishop Aboyade Cole Street, Victoria Island, Lagos.
The Court directed the firm to stop any activity on the land. The order followed an application filed by claimant’s counsel, Mr. Gboyega Oyewole (SAN), asking the court for a restraining order on the land pending hearing and the determination of the suit.
Oyewole, in an originating summons brought pursuant to section 272(1) of the 1999 Constitution and under Order 5 Rule 5 of the High Court of Lagos State (Civil Procedure) Rules, 2019, prayed the court to determine whether the claimant is entitled to specific performance of the valid and subsisting contract between the him and the defendant for the purchase of the parcel of land measuring 1,000 Square Metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
He prayed the court for an order, declaring that the contract between the claimant and defendant was duly executed based on the offer letter dated September 28, 2022, valid and subsisting having regard to the acceptance of same and payment of consideration.
“A declaration that the defendant is not entitled to renege on the valid and subsisting contract between the claimant and the defendant constituted vide an offer letter dated September 28, 2022 and acceptance of same with the due payment of the consideration for the offer.”
He is, therefore, praying for an order of specific performance on the execution of the Deed of Transfer by the defendant over the offered parcel of land measuring 1000 Square metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
The claimant also prayed for an order mandating the defendant to handover all title documents in relation to the land and execute all relevant documents necessary to vest proper title in the claimant.
While ruling on the application after Oyewole’s submission, Justice Sule-Amzat ordered parties to maintain the status quo to forestall the dissipation of the res.
“I have taken cognisance of the fact that the preservation of the res would serve the better end of justice. I am also mindful that there is need to hear the other side and prevent breakdown of law and order. Parties in this suit are hereby ordered to maintain status quo pending the hearing and determination of this suit,” the judge held.
She also ordered that hearing notice be issued, a copy of the notice with affidavit of service be put in the court file before the next adjourned date.
The judge subsequently adjourned the case to February 7, 2023 for further proceedings.