He appealed on Thursday through an interlocutory application. The claimants in the suit are; Ayo-Odugbesan, Adefunmilayo Ayo-Odugbesan and Edwards Private School. Kola Egunjobi, Agege Local Government and the Registrar of Title, Lagos State are the first to third respondents.
At the resumed hearing, counsel to the claimants, Dr Kemi Pinheiro (SAN) informed the court that he filed an interlocutory injunction under Orders 42 and 43 of the Civil Procedure Rules 2019. He said that the claimants had filed a motion exparte dated October 3, seeking various injunctive reliefs pending compliance with pre-action protocol.
Pinheiro said that the court had on October 4, ordered the first and second respondents to restrain from further demolishing the whole or any part of the claimants’ property.
The senior lawyer, thereafter, sought an order of the court to restrain the respondents from further demolishing the claimants’ property, pending the hearing and final determination of the suit.
“We also pray for an order of the court restraining the respondents whether themselves or their agents, from further interfering or disturbing the claimants’ quiet enjoyment and peaceable possession.
“We have fulfilled all the conditions but third party interests may be created on the land if this court does not urgently intervene.
“My lord, the claimants have been in possession of the land since 1992 without any hindrance from any person.
“The applicants are under a justifiable apprehension that unless the orders sought herein are granted and the respondents restrained, a serious mischief and potential irreparable damage to the applicants property may occur,” Pinheiro said.
In his response, Jimoh Akogu, the respondent’s counsel, however, told the court that his clients had fully complied with the order of the court.
“The only thing is that the claimants have re-entered the property.
“They came for pre-emptive preservative order but court did not say they should enter the possession,” Akogun added.
Justice Abdulfattah Lawal adjourned the case until January 14, 2025, for a hearing and directed that a hearing notice be served on the third defendant.
Source link
