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Ajah Chieftaincy Family sues Ambode over illegal land allocation

By News Express on 11/04/2017

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 The Odugbese-Abereoje Chieftaincy Family of Ajah, Lagos State has filed an action before the High Court of Lagos State, seeking to nullify the allocation of their family land at Ajiwe, Lagos by the Lagos State Government. In the suit filed on their behalf by eminent lawyer and human rights activist, Ebun-Olu Adegboruwa, the family is contending that the Lagos State Government is incompetent to allocate their land to a stranger, having secured a court judgment over the said land from the High Court of Lagos State against the same Lagos State Government.
Sued as defendants in the case filed on April 10, 2017 are the Executive Governor of Lagos State, the Attorney-General of Lagos State and Adeogun Ogunbona & Sons Ltd, the latter to whom the land was purportedly allocated.

The family is claiming that the Lagos State Government is not entitled to allocate, assign, transfer or vest ownership of all that parcel of land situate and being at Ajiwe to Adeogun Ogunbona & Sons Ltd., which company is not a member of their family. In 2015, the Odugbese-Abereoje family challenged the purported acquisition of 17.707 hectares of their family before the High Court of Lagos State, which court delivered judgment in their favour on March 14, 2016. The Lagos State Government filed an appeal against the said judgment but no stay of execution was granted by the court.

Whilst the appeal was still pending and yet to be determined, the government claimed to allot the land on November 26, 2016 to Adeogun Ogunbona Limited, which attempted to take over the land but was resisted by the family. The family is thus seeking an order of injunction to restrain the company from taking over the land to develop or build upon it pending the outcome of the case. In an affidavit deposed to by Chief Aruna Anofiu, the head of the Abereoje family, it was stated that the family is not willing to transfer its interest in the land to the company.

The reliefs being sought by the family in the suit are as follows:

A. A DECLARATION that following the judgment of the High Court of Lagos State delivered in Suit No. LD/249LMW/15 between Chief Aruno Anofiu & 1 ors v Executive Governor of Lagos State& 1 or.  on 14th March, 2016, the claimants are the ones entitled to ownership and exclusive possession of all that parcel of land measuring 17.707 hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the 21/7/84, situate and being at Ajiwe in Eti-Osa Local Government Council area of Lagos State and subject matter of judgment delivered in favour of the claimants in Suit No.

B. A DECLARATION that the 1st and 2nddefendants are not entitled to allocate, assign, transfer or in any other manner vest ownership or possession of all that parcel of land measuring 17.707 hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the 21/7/84, situate and being at Ajiwe in Eti-Osa Local Government Council area of Lagos State, to the 3rd defendant.

C. A DECLARATION that the allocation, assignment, transfer or sale of all that parcel of land measuring 17.707 hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the 21/7/84, situate and being at Ajiwe in Eti-Osa Local Government Council area of Lagos State to the 3rd defendant is unconstitutional, illegal, null, void and of no effect whatsoever.

D. AN ORDER revoking, nullifying, cancelling, voiding and setting aside the allocation, transfer, assignment or sale by the 1st and 2nd defendants, of all that parcel of land measuring 17.707 hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, situate and being at Ajiwe in Eti-Osa Local Government Council area of Lagos State, to the 3rd defendant. 

E. AN INJUNCTION restraining  the 3rddefendant, its agents, servants  or privies from entering upon, building upon, from developing, using, assigning, transferring or in any other manner utilizing all that parcel of measuring 17.707 hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the 21/7/84, situate and being at Ajiwe, in Eti-Osa Local Government Council area of Lagos State and subject matter of the judgment delivered in favour of the claimants in Suit No. LD/249LMW/15 between Chief Aruno Anofiu & 1 ors v Executive Governor of Lagos State& 1 or.

F. A PERPETUAL INJUNCTION restraining  the defendants, their agents, servants  or privies either jointly or severally from trespassing on the  land belonging to the claimants measuring 17.707 hectares as shown in Plan No AT/LA/6892E drawn by W.T Adeniyi licensed surveyor, dated the 21/7/84.”

No date has been fixed for hearing of the suit, which is supported with an affidavit of urgency.

Source News Express

Posted 11/04/2017 9:32:41 PM

 

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