Court Restrains Ajeromi-Ifelodun LG From Trespassing On Disputed Property

A Lagos High Court, sitting in Lagos, Nigeria, has restrain Ajeromi-Ifelodun Local Government from trespassing or interfering with the property measuring approximately 4945.73 square meters along Lagos-Badagry Expressway, Alafia Bus Stop, Lagos State pending the commencement of the pre-action protocol process and service of the memorandum of claim on the Respondents.   

The Court also ordered the respondents to remove their sign post or any other documents whatsoever that indicates that the property belongs to them, pending the commencement of the pre-action Protocol process and service of the memorandum of claim on the Respondents.   

Also affected by the order of the court is Ifelodun Local Council Development Area.     

The order of the court was as a result of a suit filed before the court by Ofure Group (Nigeria) Limited company against the respondents.     

In an affidavit disposed to by the Director of Ofure Group (Nigeria) Limited, Otaniyuwa Williams Erhahon, in support of the motion ex-parte, he averred that his company has been in the occupation of the property since 5 June 2002 till date without any rival claim from anyone including the respondents.     

The Company also has some structures and carries on business activities on the disputed property in a manner that the Respondents cannot feign ignorance of its existence and occupation of the disputed property.

The company’s big signpost, which states that the disputed property belongs to the applicant, is at the conspicuous part of the disputed property.

The signpost is visible to the public, and the  Respondents had, in acknowledgement of it’s visibility, adopted it as a means of communication to the company by posting on its office notice on it.     

However, sometime in July 2020, the respondents posted a notice dated 2 July 2020 titled ‘Removal Notice’ signed by the council chairman of the respondents address to an unknown occupier claiming that the property belongs to them and that the company’s occupation of same is illegal and ordered the company to remove its structures and vacate the property within 96 hours.

The notice also threatened the company that they will invoke legal machineries to deal with the company if it refuses to vacate the property.    

The company contention had expected the defendants to join issues with it on its contention by showing a superior tittle document, or invite the company for a meeting on the subject matter, but the defendant did not consider any of the company’s options.     

In total disregard to the company’s amicable settlement on the 17th July 2020, the defendant with its officials and armed men unlawfully enter the property and mounted a signpost on the property claiming that it belongs to them with a threat that they will soon commence construction work and take full possession of the property of the company. 

Erhahon averred further that, in view of this development, unless an order is made by the court, restraining the defendants, they will forcefully take the property.     

The company is ready to undertake to indemnify the defendants of any damage they may suffer in consequence of making the order.     

The presiding Judge, Justice O.O. Ogunjobi after hearing the submission and argument of Barrister Olayimika Olasewere granted the orders as prayed.