By Adebisi Onanuga
Traders at Katangua Market, Abule-Egba, Lagos have appealed a judgment by Justice Grace Onyeabo of a Lagos High Court on December 17, 2019 dispossessing them of the land on which the market was built.
They filed the appeal under the auspices of Misimisi Dealers Market Association and Frontline Progressive Market Association, Abule-Egba International Market.
Justice Onyeabo had in suit delineated ID/177/2008 dismissed the groups’ (claimants’ claims that the defendants authorised them to build their respective shops as owners or occupier in Abule Egba International Market, Katangua.
Chief Sylvanus Odus Ikejiobi, Chief Oris Ugoma Orih, Alhaji Abdulmumuni Abubakar, Nduji Donatus, Innocent Nwakaeso, Nwaibe Anthony and Ifeanyi Mba filed the appeal, for themselves and as representative of the Misimisi Dealers Market Association and Frontline Progressive Market Association.
The respondents/defendants in the appeal are the Alimosho Local Government Council, Agbado Oke-Odo Local Council Development Area and the Attorney-General of Lagos State and Commissioner for Justice as first to third respondents in the suit.
The traders claimed in their averments that they are owners of the shops built by them in the said market.
They averred that they built on the land allocated to them pursuant to letters of allocation and agreement as approved by the Alimosho Local Government Council, Agbado Oke-Odo Local Council Development Area.
They claimed that the Lagos State Government intends to demolish the market they built independently and use it for a computer village against their will.
They therefore asked the court for order of perpetual injunction against the defendants from forcibly acquiring or taking over their land in any way or manner disturbing lawful ownership and occupancy.
Justice Onyeabo, had in a judgement on December 17, 2019 dismissed the suit in its entirety.
Dissatisfied with the judgement, the group however filed the appeal for stay of execution pending conclusion of their appeal in the suit.
The Lagos State Government intends to demolish the market built independently by the aggrieved traders and use it for a computer village against the will of the traders.
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In their application for stay of execution filed by counsel to the appellant, Jeffrey C Ikwunze , served on respondents, the appellants averred that if the judgement of the Honourable Court is not stayed, the respondents will go ahead and execute the judgment against them, appellants/applicants, in a manner which will adversely prejudice the applicants and render the outcome of the appeal nugatory.
They further argued that points of law raised by the grounds of appeal are recondite and that the res will be destroyed if the stay is not granted.
In the notice of appeal dated 21/1/2020, the appellants averred that the appellants were not accorded fair hearing as the judgement of the lower court went contrary to the principles of natural justice.
They further argued that the learned judge misdirected herself when she held that the claimants/appellants were tenants to the 2nd defendant/ respondent, Agbado Oke-Odo Local Council Development Area.
They also alleged that the learned trial judge misdirected herself when she held on page 10 of the judgement that the CWS admitted that the land is owned by the Agado Oke-Odo Local Council Development Area (2nd defendant) and that the judgment of the lower court is against the weight of evidence.
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