Justice Ganiyu Safari of the Lagos High Court in Eti-Osa has ordered the demolition of newly constructed buildings and structures on a disputed land at 10, Kudirat Abiola Way, Oregun, Ikeja, Lagos.
He made the order in a bench ruling delivered on the motion filed by G. C. Nwosu for the claimants in the suit ID/1375/2011.
The claimants are: Ayinde Egunaye, Chief Mudiratu Egunaye and Chief Tajudeen Egunaye, who sued for themselves and on behalf of the Egunaye family of Oregun, Ikeja.
The respondents are Mrs. E. O. Fasehun, Estate of E. 0. Fasehun, Clay Industry (Nig.) Limited, Bamikole Adewunmi, Mrs. Deborah Situ and Mrs. Oyebanji Caroline.
Justice Safari held: “It is my view that in order to protect the dignity and integrity of the court and in order not to turn the Court into a laughing stock, that this application be granted to send a serious warning to people with the potential to treat the court orders with levity.
“Consequently, this application is granted. It is hereby ordered that all the new structures built or being built during the pendency of this suit on the land and after the order of Adebiyi J. of 15th May, 2013, being at No. 10, Kudirat Abiola Way, Oregun which is the subject matter of this suit be demolished forthwith.
“It is ordered that the Deputy Sheriff of this Court, the police and all necessary Law Enforcement Agencies do go into and demolish all new structures built or being built during the pendency of this suit on the land after the order of Adebiyi J. of 15th May, 2013 being at No. Kudirat Abiola Way, Oregun which is the subject matter of this suit and the subject matter of this suit be preserved and left in the state it was as at 15th May, 2013 when the order to maintain status quo was made by my learned brother Adebiyi.
“It is ordered that a picture of the Res of this case taken after the order of demolition is executed be filed in this Court after the demolition. This shall be the ruling of this court.”
The claimants prayed for an order demolishing all new structures built or being built within the pendency of the suit on the land.
They provided exhibits of photographs of the ongoing development on the land.
According to them, “the court severally ordered that parties maintain status quo and have on several other occasions warned parties against resorting to self-help whilst the matter is before the court”.
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They added: “Claimants had complained before this Honourable Court that one Olufemi Omoola Fasehun who attempted twice to be joined in this suit was developing the land against the orders of the court but the allegation was denied by Counsel for the party seeking to be joined.
“The person or persons illegally developing the land had continued to develop the land for Engr. E. O. Fasehun despite this matter still being before this court.
“The Honourable Court has the inherent powers to protect a Res before it and uphold the sanctity, integrity and respect of the Court.
“The action of those developing the land is capable of causing a breach of peace.”
The motion was supported by an affidavit deposed to by Chief Egunaye and an affidavit of urgency by Fatimo Abimbola.
Upon moving the motion, Nwosu urged the court to grant the orders as prayed.