Court restrains execution of judgment on Eyin Osa land


The High Court of Lagos State, Ajah, presided over by Justice Ganiu Safari, has granted an injunction restraining the execution of the judgment on the large expanse of land in the Eyin Osa, Epe community in the Free Trade Zone in Lagos State.

The court also ordered the respondents, who are the judgment creditor, the Ottun Family and the Lagos State Government "to maintain the status quo, pending the determination of the suit at the Court of Appeal.

Justice Safari had earlier in 2023 in a matter with the Suit No LD/8916/2014 between Moshood Olushola Ottun & 1 other and the Governor of Lagos State & 3 others set aside a Certificate of Occupancy No. 33/33/2022F dated 17/12/2021, issued by the Lagos State Government, LASG.

Not satisfied with the judgment of the lower court, the LASG approached the Court of Appeal, where the case is still pending, to upturn the decision of the lower court.

The LASG further returned to the Lagos High Court seeking, "An order of injunction, pending appeal, restraining the claimants/respondents from enforcing, implementing or taking any further step or giving any effect to the judgment of the court delivered on December 14, 2023, between the parties until the final determination of the appeal.”

The state government also asked for, "An order that the parties in the suit maintain status quo, pending the determination of the appeal filed by the defendants/ applicants

"And for such further order(s) or other orders as the court may deem fit to make in the circumstances.”

Justice Safari ruled that "Consequently, the application of the defendant/ applicant is hereby granted, and it is therefore ordered as follows: “An order of Injunction is hereby granted restraining the claimant/respondents from enforcing, implementing or taking any further step or giving any effect to the judgment of this Honourable Court delivered on the 14th of December 2023 between the parties herein pending the final determination of the Appeal filed by the defendants/applicants in this suit.

“It is hereby ordered that the parties in this suit maintain the status quo existing before the judgment of this court delivered on 14th December 2023 pending the determination of the Appeal filed by the defendants/applicants in this suit.” 

The Eyin Osa Resettlement Committee, while speaking on the ruling by the High Court judge, said, "We hereby urge the public to stop all transactions with the Ottun Family regarding any sale, lease, or alienation of interest on the said land at Eyin Osa, Epe Local Government, Lagos State based on the said judgment which cannot be given any effect until the hearing and determination of the Appeal.”

The committee also insisted that "The Ottun Family cannot convey, assign and transfer Title to any third-party given the order of injunction against the said judgment.

The committee also explained that "The Certificate of Occupancy No. 33/33/2022F dated 17/12/2021 granted by the LASG to the Eyin Osa Zone of the Resettlement Committee in respect of the property lying, being and situated at Eyin Osa and covered by Survey Plan No. LS/D/BK425/D&E is thus still valid, extant and subsisting.”

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