An Igbosere High Court on Lagos Island on Wednesday struck out an application to hear
a motion challenging default judgment on a 53-year-old property situated at Computer Village, Ikeja, which
was awarded to three people as original owners of the land.

Justice O. O. Femi-Adeniyi, who struck out the application, said:“Injunction is an equitable remedy, this person stayed away from court while proceedings were going on thinking nothing could be done.

“It is better the person goes to court of appeal, I have looked at the processes filed, there is nothing to looked at again.

“When the proceedings was going, I made sure hearing notice was served to the applicant, proof of service was also filed in the court file.

“The application filed by the applicant is struck out.”

Earlier, the new counsel to the applicant, Mr Chijioke Ubani, told the court that they had an application to regularise appearance and for their motion to be heard.

“We have gone through the ruling of this court,  we, therefore, filed a notice of appeal but the records of appeal
have not been transmitted.

“We need the intervention of the court to preserve the res (property) because the moment the ruling was given, the respondents brought a third party who wants to destroy the property,” Ubani said.

The News Agency of Nigeria (NAN) reports that the defendant/applicant, Mrs Risikatu Gbose-Adebule, had filed the motion challenging the default judgment which she claimed was delivered in her absence.

Gbose-Adebule claimed that she did not participate in the proceedings leading to the judgment and possession of the property situated at No. 18, Obafemi Awolowo Way, Computer Village, Ikeja.

Adegbule is seeking an order of injunction restraining the respondents – Kolawole Ajayi Moses, Chief Layiwola Moses and Olorunnimbe Moses – their agents, privies or servants from taking any further action on the property pending the determination of the applicant’s appeal.

She wants the property preserved so that the respondents would not destroy it while the appeal is still pending before the Court of Appeal.

Counsel to the applicant – Messers Kelvin Okoroafor, Agbaje Salami and Quazeem Tijani – had filed the motion on notice on behalf of Adebule family.

The default judgment was given on Dec. 12, 2017 giving possession to the respondents of plot 18 on which a building is standing out of the other properties on Plots 16, 20 and 22, property of the late Assistant Police Commissioner, Mr Baden Olufemi Adebule.

Adebule averred that the four houses are on the same title deed and that the inherited properties are shared among his children.

She also faulted the claims of the respondents that they own Plot 18 out of the four adjoining houses.

Before the ruling by Justice O.O. Femi-Adeniyi on Dec. 12, 2017, the respondents had allegedly issued a writ of summons on May 2, 2013 and also filed an ex-parte application for substituted service on the applicant.

The sheriff had deposed that the applicant did not reside at the address for service.

The processes filed were allegedly served by pasting them at the address without the knowledge of the applicant, who resides in Badagry, Lagos State.

The late Adebule had been granted a 99-year lease of the land on Sept. 18, 1965 over approximately 2, 536.70 sq yards by the then Western Nigeria Government.

The children and the widow of the deceased had been granted a Letter of Administration of his estate on Nov. 20, 1985 (Exhibit RA9).

The building in dispute had been standing since the 1960s without challenge from the respondents/claimants.

The applicant’s father had been in exclusive and undisturbed possession until Aug. 11, 2017.

The applicant’s tenants had been on the premises since 2013 with more than 20 shops and offices.

The applicant also claimed that no court summons had been brought to her attention until Aug. 11, 2017 when court officials and the police came to effect execution on the premises. (NAN)

– Apr. 11, 2018 @ 14:12 GMT |