A High Court sitting in Akure, Ondo state capital, has halted the execution of a judgment that gave the possession of land located in the Alagbaka Government Reserve Area (GRA) extension in Akure, the Ondo State capital to the judgment creditor. Continue Reading>>>
Justice Adegboyega Adebusoye, who set aside the earlier judgement, ruled that the earlier judgment delivered with respect to a suit between Ajayi-Elekumo and Olokunjuwon families as regards the sale of lands was fraught with errors
The Judge in its ruling directed the first and second judgment creditors/respondents to stay further execution of the judgement delivered in Suit No. AK/173/2012 on January 5, 2017, pending the hearing and determination of the motion on notice for stay of execution at the Supreme Court.
The judge said: “In the same vein, the applicants, who have been hit very hard by the first and second respondents during their scuffle at the Court of Appeal in Appeal No. CA/AK/150A/2017, have now run to the Supreme Court as father of all for protection and to lodge their complaints.
“It is settled and not in contention that having found their way to the Supreme Court, the respondents and indeed all lower courts in the hierarchy of courts in Nigeria should bow in obeisance, awaiting the decision of the final court, the Supreme Court, on the matter, which will come sooner or later, but it will surely come.
“Until then, parties in this application are enjoined to hold their peace in their own best interest. Consequent on all the above, I am of the view that this application deserves a favourable consideration by this court so as to ensure that the hierarchy of our court system is not ridiculed or brought to public opprobrium and odium. As a result, this application succeeds and it is hereby granted.”
Justice Adebusoye’s order was coming six years after the judgment on the land tussle between the residents of the Alagbaka Government Reserve Area (GRA) extension and Olokunjuwon family and five months after a warrant of possession was issued.
The court had previously held that the Olokunjuwon family is the owner of the land in the government reserve area.
But not satisfied with the decision of the court, the residents of the area approached the Supreme Court and filed for a motion to stay the execution of the judgment.
Justice Adebusoye had earlier granted a warrant of possession for the Olokunjuwon family who is the judgment creditor to take possession of the land in dispute sequel to the verdict of the court that gave them authority over the land in the Government Reserve Area. Continue Reading>>>
The suit was filed by Olusola Aladesuyi, Tunde Oyinloye, and Olusegun Adu-Peters on behalf of the residents and owners of land in the GRA has Prince Olusola Osore, Thomas Ojo, Chief Oluwole Olokunjuwon, Ajayi Oluwole, and Michael Kerebu Olojido as defendants.
The court however, directed the judgment creditors and respondents to stay further execution of the judgment and warrant of possession it had earlier granted pending the hearing and determination of the motion before the Supreme Court.
The major reason for the court’s decision was the suppression of facts about the pending motion for a stay of execution at the Supreme Court coupled with the fact that the Notice of Appeal was duly served on the judgment creditor and the Chief Registrar.
The court held that once a case has its way to the Supreme Court, all other lower courts in the hierarchy of courts in the country should be in obeisance awaiting the final decision of the apex court.