Court Annuls Revocation Letters To Ekiti Estate Home Owners

An Ekiti State High Court sitting in Ado-Ekiti has set aside the revocation letters by the Ekiti State Housing Corporation to home owners at Irewolede Estate in Ado-Ekiti, the state capital.

A ruling by Justice Bamidele Omotoso on Tuesday in a motion of notice filed by Rafiu O. Balogun on behalf of Irewolede home owners on October 2, last year, asking for an order to nullify and/or set aside the letters of revocation of the allocation to the claimants/applicants’ houses, Omotoso agreed with the argument of the plaintiffs’ counsel that the failure of the government and housing corporation counsel to file a counter affidavit was an admission to all facts deposed to by the plaintiffs.

The judge said that the defence counsel’s action was an admission that the defendants truly issued letters of revocation during pendency of the matter and the motion for injunction.

The judge, who relied on  the facts before his court on the issuance of revocation letters to the plaintiffs during pendency of the case, set aside the letters to all the seven claimants.

The Chairman of Irewolede Estate, Ayo Orebe, and 16 others, had on behalf of other home owners, sued the Housing Corporation over the revocation of the houses they bought on a mortgage arrangement.

In the terms of purchase orders, house owners were supposed to defray payment between five and 25 years, but the corporation in its letter of notice, said Governor Ayodele Fayose ordered the house owners to pay within one month or lose their houses.

The plaintiffs, through their counsel, approached the court to plead breach of contract and encroachment on their fundamental human right through forceful ejection.

But, during the pendency of the matter in court, letters of revocation were issued to the plaintiffs.

Ruling on the matter, the court held that when parties had approached the court, none of the parties should take any further step in respect of the subject matter.

Omotoso had in his ruling on December 9, last year, ordered that status quo be maintained by the parties.

He had said: “I want to remind the parties that having submitted their dispute over to this court for determination, the right to resort to self help ends.

“So, it will not be right or permissible for any of the parties to take any step during the pending of this suit which may have the effect of foisting upon this court a situation of complete helplessness.  Parties are expected to await the outcome of this suit.”

The court adjourned till February 22 for the first and second defendants’ motion to amend their witness statement on oath.