While officials are laying claim to the ownership of the
property and that the bona-fide owners had been paid since
1951, the affected families are alleging that contrary to a
valid court order restraining officials from doing anything
on the property, the order is being gratuitously violated
IF found guilty, some officials of Lagos State Government,
working with the Lagos State Urban and Renewal Agency
(LASURA) and the State Building Control Agency (LASBCA)
may be committed to prison over an allegation of
disobeying a court in an ownership dispute of property
located at number 49, Martins street, Lagos Island.
But the state government has debunked the claim of
disobedience to any court order, saying it is still doing
dealing with citizens within the confine of the law.
The aggrieved family, represented by Alhaji Fasasi
Adesigbin Oluwole, Afeez Oladimeji Shitta and Alhaja Mutiat
Olasumbo Hassan, has accused the agencies of erecting
structures on a disputed land in spite of a court order
restraining all parties from tampering with the res.
Although, Lagos has put a stop to the ongoing development
on the site in difference to the court order, however, the
family has filled Form 48, a “Notice of consequence of
disobedience to Order of Court”.
The notice dated August 6, 2015, against the General
Manager, Lagos State Urban Renewal Authority (LASURA)
states: “Take notice that unless you obey the directive
contained in this order, you will be guilty of contempt of
court and will be liable to be committed to prison unless you
purge yourself of the contempt”.
The notice was apparently to ensure that the order, earlier
granted by Justice Hakeem Oshodi of the Lagos State High
Court that all parties maintain the status quo, pending the
determination of the case is acceded to.
In the said suit before a Lagos High Court sitting in
Igbosere, an order had earlier been granted restraining the
Lagos State government from further demolition and
dismantling the property located at plot 49, Martins Street,
Lagos through its agent, Lagos State Building Control
Agency (LASBCA).
In a subsequent motion on notice filed by the claimants/
applicants, they sought for an order of court restraining the
defendants “either by themselves, agents, privies or
whosoever from erecting any structure, or alienating to the
3rd party (LASBCA) or further interfering in any manner on
any part of the property situate at No. 49, Martins Street/30,
Shitta Street, Lagos pending the determination of the
substantive suit in this case”.
Granting the prayers, Justice Oshodi ordered the parties to
maintain status quo while adjourning the matter for the
hearing of the Motion on Notice as well as Forms 17 & 18 in
line with the provision of Order 38 Rule 2.
The Judge specifically ordered that: “Due to the peculiar
nature of the facts of this case, it will be prudent for the
Court to maintain status quo of the Respondents. In this
respect, the court, hereby order that parties especially the
second and second defendants, do maintain status quo as
at today”.
Embittered about the current development, expressed
disappointment over what they termed as “illegality” on the
part of the government, pointing out that they were surprised
that the past abuse of powers could continue under the new
administration of Governor Akinwunmi Ambode.
The claimants wondered why the defendants would embark
on construction on the landed property, despite the fact that
they agreed through their counsel, Mr. K. A. Bakare to
maintain status quo ante pending the final determination of
the suit.
While appealing to the governor to use his good offices to
intervene on the abuse by the state agencies, the family
lamented that the poor man has no hope in this country if
such development is allowed to continue.
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