A litigant, Chief Mufutau Kehinde, has asked the Court of Appeal in Ibadan, Oyo State, to suspend construction of Abeokuta/Kobape dual road, pending determination of his appeal against the judgment of Justice Mobolaji Ojo of Ogun State High Court.
Kehinde, in his appeal, CA/IB/286/2019, filed by his lawyer, Dada Awosika (SAN), listed Attorney-General of Ogun State and director-general of Bureau of Lands and Survey, as respondents.
He is praying for an order of injunction pending determination of his appeal, restraining the respondents, either by themselves or anyone acting under their authority from further constructing or tampering with the land on Abeokuta/Kobape dualised road within 1.5km acquisition measuring approximately 85.3 hectares.
The appellant informed the court via his Motion on Notice that the land “is more particularly shown on (1) Survey Pian No. ADC 97 (OG) drawn by Surveyor Ogunseye (2) Survey Plan No. ARC 98 (OG) drawn by Surveyor Ogunseye, (3) Provisional Survey Plan showing an area measuring 12.374 hectares, and (4) Survey Plan No. OG/1296/2003/103 drawn by Surveyor Adewale A. Oluwafemi.”
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He said the lower court’s judgment of May 15, 2019, resolved all three issues in favour of the defendants against his claims, while also dismissing all four legs of his claims.
Dissatisfied with the judgment of Justice Ojo, he filed a Notice of Appeal on May 30, 2019.
He averred that despite their knowledge of his appeal, he has “in the last couple of weeks observed massive construction, rebuilding and regeneration taking place within the area of land, which is also the subject matter of this appeal.
“Subsequent enquiries undertaken by the appellant revealed that the third parties undertaking construction on the res (subject matter) of this appeal were put on the land by the respondents to this appeal notwithstanding that this appeal is yet to be heard and determined in line with due process.”
He argued that this alleged abnormality raised points of law that the appellate court was likely to resolve in his favour.