Justice A. M. Lawal of a Lagos High Court on Thursday set aside the enforcement of a judgment by Bada J. in Suit No. IKD/118/1968 delivered on November 20, 1975, over a vast area of land in Surulere, Lagos measuring 315.9 acres.
Setting aside the judgment, the Court also awarded cost against the purported Judgment Creditors in the sum of N300,000.00 (Three Hundred Thousand Naira) to other sets of applicants affected by the execution.
A High Court of Lagos had on 2nd March, 2022, granted the leave to enforce the Judgement of Bada J in suit delivered on November 20, 1975, over a vast area of land in Surulere, Lagos measuring 315.9 acres.
Some residents of Surulere had on 30th March, 2023, become alarmed when they found the inscription “possession taken in Suit No. Suit No. IKD/118/1968” painted on their residence by Court officials.
There was a huge outcry from residents affected by the enforcement exercise who were not aware of any pending proceedings.
According to a statement by the Director, Public Affairs, Ministry of Justice, Grace Alo, the Honourable Commissioner for Justice and Attorney-General of Lagos State, Moyosore Onigbanjo, SAN, upon receiving petitions and complaints from affected residents, caused a search to be conducted on the Court’s file which revealed several irregularities and anomalies on the part of the purported Judgment Creditors.
The Commissioner for Justice, on behalf of affected residents, therefore filed an application asking the Court to set aside the enforcement of the Judgement on the ground that it was obtained by fraud and concealment of facts.
The application was argued personally by the Commissioner and Attorney-General for Justice on the 12th of May, 2023.
On 25th May, 2023, the Court presided over by Justice A. M. Lawal delivered its ruling and set aside the enforcement of the Judgment of Bada J.
The Court also awarded cost against the purported Judgment Creditors in the sum of N300,000.00 (Three Hundred Thousand Naira) to other sets of Applicants affected by the execution.