Tenant asks court to set aside eviction order

A tenant, Mr. Adekunle Raji, who was forcefully evicted from his rented three-bedroom apartment in Lagos has asked a Lagos Magistrate’s Court to set aside the eviction order alleging that the said court order was obtained fraudulently by his landlord, Dr. Julius Okesola.

A Magistrate Court sitting in Igbosere had on July 28, 2015 in a suit filed by Dr. Okesola ordered the applicant (Raji) to give up possession of a three-bedroom flat at No 3 Chris Onyimade Street, Ogidan in Ajah area of Lagos State following his alleged refusal to appear in court.

Magistrate Mrs. O Martins had in her ruling ordered the applicant to vacate the flat on or before August 10, 2015.
The court also ordered the applicant to pay N458, 334 as arrears of rent from June 1, 2013 to April 30, 2014 respectively.
But, in his application to set aside the judgment the applicant through his counsel, Mr. Tunde Tijani told the court that being a yearly tenant, he paid the sum of N500, 000 from July, 2011 to June 2012 but because the property was inhabitable, he carried out some repairs.

Consequently, his tenancy did not commence until December 2011 and that his landlord was aware.

The applicant said he was shocked that his landlord purportedly claimed to have issued him a seven-day notice and thereafter commenced legal action in court in October 2013 without serving him with necessary court processes.

He further told the court that, unaware of the pendency of the suit, he continued to pay his rent every 6 months both directly to the landlord’s account or to his solicitor chamber’s account.

He stated that he only became aware of the suit when the sheriff of the court came to execute the judgment by evicting him out of the house and carted away his properties.

The applicant in a 21-pragraraph affidavit in support of the Motion on Notice prayed the court to set aside the judgment and determine the suit in its merit.

Further hearing has been adjourned to October 30, 2015.