Court suspends construction works on disputed land involving Lagos Governor and others.

A Lagos High Court Ikeja has restrained Lagos State governor and others, from further construction in a disputed property located at 7, Law Close, Magodo.

Justice Atinuke Oluyemi halted further work on the site in an injunction she delivered last week, following an application by the claimant, Dr. Mrs. Abimbola Odumosu.

Odumosu through her counsel, Adekunle Oyesanya (SAN), has approached the court, praying for such an order in order to restrain the defendants from continuing construction in the land, which she claims belong to her.

Respondents in the suit apart from the governor are the Lagos State Attorney General and Commissioner for Justice, the Executive Secretary, Land Use Allocation Committee, Lagos State Commissioner for Lands and other unknown persons.

The judge said she is convinced by the argument and presentations of the claimant’s counsel and therefore made the order. She said: “The respondents are hereby restrained from further constructing a building on the subject property in dispute described as Plot 35 Block 25, now known as No7, Law Close Magodo Residential Scheme 1, Lagos, covered by a Certificate of Occupancy registered as No. 39 page 39 in Volume 2006A of the Lagos State of Nigeria Land Registry, Ikeja, pending the determination of the substantive suit herein.”

In addition, the court also restrained the first to fourth respondents, their agents, privies or servants from further processing any document in favour of the fifth respondents with a view to legalizing the said fifth respondents ownership of the property in dispute.

In an affidavit in support of the motion for interlocutory injunction deposed to by Lanre Danmola, a litigation officer in the office of the claimant’s counsel averred that the claimant was allotted the parcel of land on March 3, 2006 and was issued with certificate of occupancy dated March 10, 2006.

“She immediately constructed a fence around the said parcel of land, sunk a borehole on same and brought 10, 000 building blocks which she placed on the land ready for construction work.

“That she employed an architect and other consultants who conducted subsoil investigation and prepared a building plan of the land in readiness for construction works.

“While waiting for approval of the building plan from State Government and while she was out of the country to be with her husband who was very ill at the time, she was reliably informed by her Architect about a publication in ‘The Nation’ Newspapers of Monday August 15, 2011 page 58 in which the Lagos State Government published a Notice of Revocation of Rights of Occupancy of some parcels of land which includes the ‘subject’.

“That claimant by herself and her solicitors had written various letters to the first defendant copying the second defendant in an attempt to find out why her certificate of occupancy in respect of the subject property was revoked. Till date, the first defendant neither responded to the letters”, he stated.

According to Danmola, the fifth defendant suddenly went to the land with some labourers to demolish the fence, remove the gate and took possession by erecting another gate. He swore that the fifth defendant’s labourers has since commenced construction work on the land, adding that it may be completed within a short time, judging by the pace of work.

The deponent also stated that the labourers refused to name the purported new alottee, adding that if they are not restrained, it would be highly prejudicial to the claimant’s interest as it would destroy the claimant and cause her irreparable damage.