In a bid to stop alleged illegal construction by the Lagos State Government on his land after judgement has been deliver in his favour by a Lagos high court, a Lagos businessman Alhaji Jamiu Irorun has filed an application before the Court of Appeal in Lagos to restrain the Governor of Lagos state from trespassing on his land.
Join as co-respondents to be restrained are, the Attorney General of Lagos State and Lagos State Environmental Sanitation Authority.
In an affidavit sworn to accompany with affidavit of urgency by litigation manager from the law firm of AOS Practise Olayiwola Shoyeye, and filed before the appellate court by a Lagos lawyer Barrister Sunday Adara, the deponent averred that Alhaji Irorun is the owner of parcel of land measuring 4379.581 square meters lying and situate at off Oregun Road Ikeja, Lagos, the subject matter of appeal filed by the Governor of Lagos state and the other two respondents .
Sometime in 2004, the respondents forcefully entered the said parcel of land, in peaceful possession of Alhaji Irorun which led to the institution of suit at a Lagos high court sitting at Ikeja against the Governor of Lagos State, Attorney General of Lagos, and Lagos State Environmental Sanitation Authority to seek redress.
On 7 February, 2018, judgement was delivered on merit in his favour by a Lagos court presided over by Justice Candide-Johnson.
Following the judgement, he took immediate possess of the said land and erected a sign post thereon to inform the members of the public of the said judgement in his favour to obviate any form of trespass on the land.
The respondents appealed the judgement via a notice of appeal dated 8th of February, 2018.
Consequently record of appeal was compiled and the said appeal was entered on the 6th of April, 2018 at the court Appeal Lagos
However, the respondents rather than pursue their appeal have decided to use sheer executive force to take over the said land even before the appeal they instituted is heard and determined by the Appeal Court.
On the 3rd of May, 2019 the Applicant discovered that the respondents have entered the land and have started construction activity on the said vacant open land.
The respondents continue to trespass on the land and has infringed and is continuing to infringe his right of peaceable enjoyment of his property by intensified construction activities.
The applicant shall suffer irreparable damage/and loss,which cannot be adequately compensated for, if this application seeking an injunction to restrain them is not granted.
The Applicant is ready to enter into an undertaking to pay damages if the order restraining the respondents is made and it is later found out the order ought not to had been made.
There is need for this court to preserve the said land, which is the res of the appeal, else it will be destroyed even before the appeal is heard and determined.
If the respondents are not restrained by the court, by the time the court will hear the appeal the respondents would have completely altered the nature of the land to the detriment of the Applicant as it will be impossible for him to return to the status quo if the appeal of the respondents is dismissed in his favour.
Mr Shoyoye averred that the respondents are not prepared to prosecute their appeal with the diligent that is required, as till date, the respondents have not filed their brief of argument in the appeal court.
The court has fixed June 11, 2019 for the hearing of the application.