10th June, 2010
A Lagos businessman, Prince Dele Ajiboye, in an application filed before an Apapa Chief Magistrateâ€
In an affidavit, Ajiboye, averred that he is the owner of 13 acres of land situated at kilometre 12-13 in Ijegun Egba/Ibasa village, Lagos and that the said acres of land, according to him, was leased to him by the lawful accredited representatives of the Alagbo Agbojo family.
Ajiboye averred further that since the land was leased to him, he has been in peaceful possession without any hindrance from any person until sometime in 1994, when a group of people started to trespass on it, claiming to have purchased same from the Alagbo Agbojo family.
Thereafter, he said he instituted a suit number ID/697/94, against Messrs. Adisa Olaewe, Oseni Suberu and others, who claimed to have derived their title from the Alagbo Agbojo family. The court then granted his injuction restraining the defendants and their agents from further trespass on his land.
However, the applicant alleged further that the courtâ€
In suit number ID/251/2001, Prince Dele Ajiboye versus Innocent Osunmo and others, the court also restrained them from trespassing on the said land.
Since the service of the injunction on all the defendants, there was no further encroachment until recently, when it was discovered that the respondents and their company were trying to obtain a Certificate of Occupancy of the said land.
Relying on Supreme Courtâ€
The applicant, while citing and relying on the authority of Abubakar versus Unipetrol and Ojukwu versus Lagos State Government 1985, the Nigerian Weekly Law Report cautioned the respondents not to embark on unlawful act.
Therefore, the applicant contended that unless the respondents are bound over by the court, they may carry out their threat.
The applicant alleged that on 11 February, 2010, he narrowly escaped death when thugs invaded his land and destroyed his property worth about N20 million, adding that going by the spate of extra judicial killings and assassination in the country in recent times, the respondentsâ€
—Akin Kuponiyi