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Justice Aishat Opesanwo of the Lagos High Court has refused the application by two litigants, Abiodun Ariori and Tajudeen Akanbi to restrain a local firm, NASCO Town Limited from exercising possessory rights over an expanse of land located at Abule Oshun in Ojo Local Government Area of Lagos State.
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The two claimants are the representatives of the family of the late Chief Mojisola Cole. Justice Opesanwo, who is a vacation judge, directed them to Justice M. A Savage, who was originally handling the substantive matter. She said parties should go back to continue further proceedings in the case after the vacation since it is an existing matter.
According to the judge, there was no sufficient time for her to conduct all the cases as the end of vacation was imminent. The judge decried the practice of lawyers invoking the jurisdiction of vacation judges in respect of matters that are devoid of any element of urgency as required by the rules. She warned that cases that ought to come before vacation courts are urgent.
“It’s like a doctor handling an emergency surgery. Many of the cases you filed here are not emergency cases. You file frivolous applications and get orders that may conflict with that of the substantive court.
“When judges are blamed for conflicting orders, no one blames lawyers that file conflicting applications. I will not entertain any case today. Go back to your substantive courts and handle your cases there,” the judge said.
The defendants had approached the vacation judge for an interim injunction against the claimant (NASCO) despite the existence of an interlocutory injunction in favour of NASCO, which had restrained them and their agents from interfering with the land.
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