The
Odugbese-Abereoje Chieftaincy Family of Ajah, Lagos State has filed an action
before the High Court of Lagos State, seeking to nullify the allocation of
their family land at Ajiwe, Lagos by the Lagos State Government. In the suit
filed on their behalf by eminent lawyer and human rights activist, Ebun-Olu
Adegboruwa, the family is contending that the Lagos State Government is
incompetent to allocate their land to a stranger, having secured a court
judgment over the said land from the High Court of Lagos State against the same
Lagos State Government. Sued as defendants in the case filed on April 10, 2017
are the Executive Governor of Lagos State, the Attorney-General of Lagos State
and Adeogun Ogunbona & Sons Ltd, the latter to whom the land was
purportedly allocated.
The family is claiming that the Lagos State
Government is not entitled to allocate, assign, transfer or vest ownership of
all that parcel of land situate and being at Ajiwe to Adeogun Ogunbona &
Sons Ltd., which company is not a member of their family. In 2015, the
Odugbese-Abereoje family challenged the purported acquisition of 17.707
hectares of their family before the High Court of Lagos State, which court
delivered judgment in their favour on 14thMarch, 2016.
The Lagos State
Government filed an appeal against the said judgment but no stay of execution
was granted by the court. Whilst the appeal was still pending and yet to be
determined, the government claimed to allot the land on November 26, 2016 to
Adeogun Ogunbona Limited, which attempted to take over the land but was
resisted by the family. The family is thus seeking an order of injunction to
restrain the company from taking over the land to develop or build upon it
pending the outcome of the case. In an affidavit deposed to by Chief Aruna
Anofiu, the head of the Abereoje family, it was stated that the family is not
willing to transfer its interest in the land to the company.
The reliefs being sought by the family in the
suit are as follows:
A. A DECLARATION that following the judgment of the
High Court of Lagos State delivered in Suit No. LD/249LMW/15 between Chief
Aruno Anofiu & 1 ors v Executive Governor of Lagos State& 1 or.
on 14th March, 2016, the claimants are the ones entitled to
ownership and exclusive possession of all that parcel of land measuring 17.707
hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed
surveyor, dated the 21/7/84, situate and being at Ajiwe in Eti-Osa Local
Government Council area of Lagos State and subject matter of judgment delivered
in favour of the claimants in Suit No.
B. A DECLARATION that the 1st and 2nddefendants
are not entitled to allocate, assign, transfer or in any other manner vest
ownership or possession of all that parcel of land measuring 17.707 hectares as
shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the
21/7/84, situate and being at Ajiwe in Eti-Osa Local Government Council area of
Lagos State, to the 3rd defendant.
C. A DECLARATION that the allocation, assignment,
transfer or sale of all that parcel of land measuring 17.707 hectares as shown
in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the
21/7/84, situate and being at Ajiwe in Eti-Osa Local Government Council area of
Lagos State to the 3rd defendant is unconstitutional, illegal,
null, void and of no effect whatsoever.
D. AN ORDER revoking, nullifying, cancelling, voiding
and setting aside the allocation, transfer, assignment or sale by the 1st and
2nd defendants, of all that parcel of land measuring 17.707
hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed
surveyor, situate and being at Ajiwe in Eti-Osa Local Government Council area
of Lagos State, to the 3rd defendant.
E. AN INJUNCTION restraining the 3rddefendant,
its agents, servants or privies from entering upon, building upon, from
developing, using, assigning, transferring or in any other manner utilizing all
that parcel of measuring 17.707 hectares as shown in Plan No AT/LA/6892E drawn
by W.T Adeniyi licensed surveyor, dated the 21/7/84, situate and being at
Ajiwe, in Eti-Osa Local Government Council area of Lagos State and subject
matter of the judgment delivered in favour of the claimants in Suit No.
LD/249LMW/15 between Chief Aruno Anofiu & 1 ors v Executive Governor of
Lagos State& 1 or.
F. A PERPETUAL INJUNCTIONrestraining the defendants, their
agents, servants or privies either jointly or severally from trespassing
on the land belonging to the claimants measuring 17.707 hectares as shown
in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the
21/7/84.”
No
date has been fixed for hearing of the suit, which is supported with an
affidavit of urgency.
Ebun-Olu Adegboruwa, Esq.,
Lekki,
Lagos.
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Society