Justice Ganiyu A. Safari of the Eti-Osa High Court of Lagos State, has ordered the demolition of newly constructed building and structures on a disputed land situated at No. 10, Kudirat Abiola Way, Oregun, Ikeja, Lagos.
Justice Safari made the order in a Bench ruling delivered on the motion filed by Barrister G. C. Nwosu, lawyer to the claimants in the suit numbered ID/1375/2011.
The claimants in the suit are: Mr. Ayinde Sanni Egunaye; Chief (Mrs.) Mudiratu Egunaye and Chief Tajudeen Egunaye, who sued for themselves and on behalf of the Egunaye family of Oregun, Ikeja, Lagos.
While the respondents are; Mrs. E. O. Fasehun; Estate of E. 0. Fasehun; Clay Industry (Nig.) Limited; Mr. Bamikole Adewunmi; Mrs. Deborah Situ and Mrs. Oyebanji Caroline.
Counsel to the claimants has approached the court in a motion pursuant to Section 18 of the High Court Law, Order 42 Rule 4 (1), Order 43 (1) of the High Court of Lagos State (Civil Procedure) Rules 2019 and under the court’s Inherent Jurisdiction.
In the motion, claimants have asked the court for the following reliefs: “An Order demolishing all new structures built or being built within the pendency of the suit on the land being at No. 10, Kudirat Abiola Way, Oregun which is the subject matter of this suit.
“An Order mandating the Deputy Sheriff of this Court, the Police and all necessary Law Enforcement Agencies to go into and demolish all new structures built or being built within the pendency of this suit on the land being at No. 10, Kudirat Abiola Way, Oregun which is the subject matter of this suit.
“An Order directing that the subject matter of the suit be preserved and left as it was at the beginning of this suit.
“An Order that a picture of the Res after the order of demolition be filed in this Court after the demolition.
“And for such other order/s as this Court may deem fit to make in the circumstance.”
The claimants supposed the motion with an Affidavit which was accompanied by 9 Exhibits marked Exhibits TE 1 to TE 9 respectively. The exhibits are photographs of the development ongoing on the land in dispute in this case.
The claimants also had listed six grounds for the orders sought for, which are: “that the land, apart from the building currently occupied by the 1st defendant was vacant at the time the Claimants filed this suit.
“This Honourable Court had severally ordered that parties maintain status quo and has on several other occasions warned parties against resorting to scif-help whilst the matter is before the Court.
“Claimants had complained before this Honourable Court that one Olufemi Omoola Fasehun who attempted twice to be joined in this suit was developing the land against the orders of the Court but the allegation was denied by Counsel for the party seeking to be joined.
“The person or person illegally developing the land had continued, to develop the land for Engr. E. O. Fasehun despite this matter still being before this Court.
“The Honourable Court has the inherent powers to protect a Res before it and uphold the sanctity, integrity and respect of the Court.
“The action of those developing the land is capable of causing a breach of peace. The motion is supported by a 13 paragraph Affidavit deposed to by Chief Tajudeen Egunaye, the 3rd Claimant herein and an 8 paragraph Affidavit of Urgency of Fatimo Abimbola. The Affidavit of Urgency is accompanied by one Exhibit marked Exhibit FA1 which is a copy of the flyers for the property being built on the land and being advertised for sale by the person building on the land.”
Upon moving the motion, claimants’ counsel urged the Court to grant the orders sought for.
Counsel to the motion defendants have not filed any Counter Affidavit to the claimants’ motion.
Counsel to the 1st defendant, Mr. Lanre Oyetunji, filed a 5 paragraph- Affidavit of Facts deposed to by the 1st Defendant stating that there are developments ongoing on the land in dispute but denying being the one carrying on the construction.
Also, Mr. G. O. Asumah, Counsel for the 3rd Defendant did not oppose the motion. While Lekan Alaka, lawyer for the 4th, 5th and 6th defendants did not file any Counter Affidavit but said he is in support of the sanctity of the orders of the Court.
However, Akinnola Oyetakin, counsel to the interested party filed application to be joined in the suit were refused by the court on two occasions. But admitted in open court that it is his client that is carrying on the construction on the Res, which was the reason why he sought to file a Counter Affidavit to the motion.
The judge while delivering the bench ruling, also dismissed counsel motion to join his client is not a party to the suit.
Upon dismissing motion of party seeking to be join in the suit, Justice Safari in his ruling held that: “….
“It is my view that in order to protect the dignity and integrity of the Court and in order not to turn the Court into a laughing stock, that this application be granted to send serious warning to people with potentials to treat the Court orders with levity.
Consequently, this application is granted. It is accordingly ordered as follows: “it is hereby ordered that all the new structures built or being built during the pendency of this suit on the land and after the order of Adebiyi J. of 15th May, 2013, being at No. 10, Kudirat Abiola Way, Oregun which is the subject matter of this suit be demolished forthwith.
“It is ordered that the Deputy Sheriff of this Court, the police and all necessary Law Enforcement Agencies do go into and demolish all new structures built or being buik during the pendency of this suit on the land after the order of Adebiyi J. of 15th May, 2013 being at No. Kudirat Abiola Way, Oregun which is the subject matter of this suit and the subject matter of this suit be preserved and left in the state it was as at 15th May, 2013 when the order to maintain Status Quo was made by my learned brother Adebiyi J.
“It is ordered that a picture of the Res of this case taken after the order of demolition is executed be filed in this Court after the demolition.
“This shall be the Ruling of this Court.”
