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Eyin Osa Land Dispute: Court Orders Parties To Maintain Status Quo Pending Appeal

thenigerialawyer.com 2024/8/21

A Lagos High Court of Justice, Ajah Division, sitting in Badore and presided over by Hon Justice Ganiu Aliu Safari has granted an injunction restraining the execution of the judgment on the large expanse of land in the Eyin Osa Epe community in the Free Trade Zone in Lagos State .

The honourable justice also ordered the respondents ,who are the judgment creditor ,the Ottun Family and the Lagos State Government “to maintain status quo ,pending the determination of the suit at the Appeal Court of Justice .

Honourable Justice Aliu Safari had earlier in 2023 in a matter with the Suit No LD/8916/2014 between Moshood Olushola Ottun & 1 other and The Governor of Lagos State & 3 others set aside a Certificate of Occupancy No. 33/33/2022F dated 17/12/2021,issued by the Lagos State Government .

Not satisfied with the judgment of the lower court ,the Lagos State Government approaches the Court of Appeal, where the case is still pending , to upturn the decision of the lower court .

The Lagos State Government went further to return to the Lagos High Court of Justice ,sitting in Badore and presided over by Honourable Justice Ganiu Aliu Safari for ” An order of injunction ,pending appeal , restraining the claimants ,respondents from enforcing ,implementing or taking any further step or giving any effect to the judgement of this honourable court ,delivered on the 14th of December 2023 between the parties herein until final determination of the appeal ”

The government also asked for “An order that the parties in the suit maintain Status quo ,pending the determination the determination of the appeal filed by the Defendants / applicants.”

Also ” And for such further order(s)or other orders as the court may deem fit to make in the circumstances. ”

Justice Aliu Safari ruled that ” Consequently ,the application of the Defendant /applicant is hereby granted and it therefore ordered as follows : An Order of Injunction is hereby granted restraining the Claimant/Respondents from enforcing, implementing or taking any further step or giving any effect to the Judgment of this Honorable Court delivered on the 14th of December, 2023 between the parties herein pending the final determination of the Appeal filed by the Defendants/Applicants in this Suit ”

” It is hereby ordered that the parties in this Suit maintain Status Quo existing before the Judgment of this Court delivered on 14th December, 2023 pending the determination of the Appeal filed by the Defendants/Applicants in this suit ”

The Eyin Osa Resettlement Committee ,while speaking on the rulling by the High Court judge said ” wlWe hereby urge the general public to stop all transactions with the Ottun Family regarding any sale, lease or alienation of interest on the said Land at Eyin Osa, Epe Local Government, Lagos State based on the said Judgment which can not be given any effect until the hearing and determination of the Appeal.

The committee also insisted that ” Th Ottun Family cannot convey, assign and/transfer Title to any third party in view of the Order of Injunction against the said judgement

The committee also explained that ” The Certificate of Occupancy No. 33/33/2022F dated 17/12/2021 granted by the Lagos State Government to the Eyin Osa Zone of the Resettlement Committee in respect of the property lying, being and situated at Eyin Osa and covered by Survey Plan No. LS/D/BK425/D&E is thus still valid, extant and subsisting ”

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