Bayo Odulana V. Chief Nurudben Adisa Oladejo & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of Honourable Justice O.A. Akinlade dated 5th August, 2010, whereby the court made an order that status quo be maintained by all the parties, pending the hearing of the various applications before Honourable Justice Kayode Ogunmekan.

Pursuant to an originating Summons dated 31st August, 2009, the 1st, 2nd and 3rd Respondents (claimants in the court below) instituted an action in the High Court of Lagos State, Ikeja Judicial Division against the Appellant (1st Respondent in the Court below) as well as Persons Unknown for the following

“AN ORDER that the Claimants do recover possession of a parcel of land lying and being at Olushosun Village, Ikeja Local Government, shown in Plan No, AT/LA1831A made by Surveyor W.T. Adeniyi, dated 14th May, 1984 (No. 704, Kudirat Abiola Way, Olushosun Town).

On the ground that they are entitled to possession, and that the persons in occupation are in occupation without their licence, or consent.

On the 8th of October, 2009, the 1st Respondent (Appellant in the present Appeal) Bayo Odulana (alias Niganga) entered a memorandum of appearance.

On the 8th of October, 2009, the following persons sought to join as the 3rd to 6th Defendants viz:

(1) Mrs. Olufunmi Olajide

(2) Mrs. Kehinde Kester

(3) Mr. Olaseun Odulana and

(4) Nigerian Wood Preservation Industries Ltd.

On the 17th of November, 2009, the Claimants (now Respondents in this appeal) filed a motion for an order inter alia, of Interlocutory Injunction, restraining the Defendants (Appellant in this appeal), by themselves, their agents, workers, servants, privies and assigns, from erecting buildings or structures, and constructing new buildings or structures, on the parcel of land shown in Plan No.AT/LA/1831A made by Surveyor W.T. Adeniyi and plan No. LSAT/LA89 dated 29th April, 2009 drawn by Surevor W.T. Adeniyi.

On the 22nd of January, 2010, the Appellant filed [as 1st Respondent/Appellant in the lower Court) a motion for an order, striking out his name as the 1st Respondent in that suit i.e suit No. ID/697M/2009, pending at the lower Court.

On the 2nd of June, 2010, the Claimants/Appellants filed a motion for accelerated hearing of the motion for Interlocutory Injunction dated 13th November, 2009 and filed on the 17th of November, 2009.