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By Lukman Olabiyi
Lagos State Government has commenced the demolition of a disputed property days after Justice David Osiagor of the Federal high court, Lagos, restrained the state and its’ Attorney-General and Commissioner for Justice, Mr Moyosore Onigbanjo (SAN) , from allocating any portion of the property located at B20, Wole Olateju Crescent, off Admiralty Way, Lekki Phase 1 in Eti-Osa Local government Area.
Justice Osiagor, had on October 18, 2021, in a suit delineated FHC/L/CS/1384/21 filed by, Admiralty Fleet Limited (BICS Garden), and Admiral Festus Porbeni (Rtd), restrained the Attorney-General of the state and the Lagos State Special Task Force Unit who are defendants in the suit from allocating any portion of the parcel of land, building, and appurtenances or enter into the disputed property pending the hearing of the substantive suit.
The plaintiffs through their counsel, Messrs. Adetunji Oyeyipo (SAN) alongside, Abiodun Olatunji (SAN), had in a Motion on Notice for Interlocutory Injunction brought pursuant to section 43 of the constitution 1999 as amended, section 1, 2 and 3 of the lands (title vesting etc) ACT CAP. L7 LFN 2004, sections 10, 11, 12 and 13 of NIWA ACT CAP 47 LFN 2004, order 26 (1) (2) and order 28(1) of the Federal High Court civil procedure rules 2019, urged the court to restrain the defendants from entering into the disputed property pending the hearing of the substantive suit.
Consequently, Justice Osiagor, in his order restrained the defendants from entering into the said property for the purpose of forcefully removing the plaintiff or any of the plaintiff’s equipment, machinery, structures, and boats pending the hearing and determination of the suit. The judge also refused the request of the first and third defendants to consolidate the applicants’ Motion on Notice with the Preliminary objection filed by the defendants stressing that the preliminary objection was not ripe for hearing.
