In a recent development, the High Court of Lagos has granted leave to set aside the enforcement of a land judgment, thereby putting an end to the concerns raised by residents in Surulere.
The judgment in question, delivered by Bada J in Suit No. IKD/118/1968 on November 20, 1975, pertaining to a vast area of land measuring 315.9 acres.
The residents of Surulere were taken aback when Court officials marked their residences with the inscription “possession taken in Suit No. Suit No. IKD/118/1968” on March 30, 2023. This unexpected action triggered a significant outcry from affected residents, who claimed to have no prior knowledge of any pending proceedings.
Prompted by the petitions and complaints from the affected residents, the Honourable Attorney General of Lagos State, Mr Moyosore Onigbanjo SAN, initiated an investigation into the matter. A thorough search of the Court’s file revealed several irregularities and anomalies on the part of the purported Judgment Creditors, casting doubt on the validity of the enforcement exercise.
Consequently, the Honourable Attorney General and Commissioner for Justice, acting on behalf of the affected residents, filed an application requesting the Court to set aside the enforcement of the judgment on the grounds that it was fraudulently obtained and crucial facts were concealed.
The application was personally argued by the Honourable Attorney General and Commissioner for Justice on May 12, 2023. After careful consideration, Honourable Justice A. M. Lawal, presiding over the case, delivered a ruling on May 25, 2023, in favour of the applicants.
The Court set aside the enforcement of the judgment by Bada J and also awarded costs amounting to N300,000.00 (Three Hundred Thousand Naira) against the purported Judgment Creditors in favour of another group of affected applicants.
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