6th December, 2010
A Lagos-based estate agent, Chief Tesilimi Adeola Almaroof, yesterday dismissed theÂ claim of members of Ishoru family in Isolo, that there was a court injunctionÂ restraining him from taking over the vast land belonging to the late industrialist,Â Chief Emmanuel Ashamu at Oke-Afa, Lagos.
Describing the claim as misleading, mischievous and frivolous, Chief Almaroof arguedÂ that there was no time he trespassed on the land, adding his presence on the landÂ was sequel to his appointment as credited attorney by the administrators of theÂ estate and confirmed by the estateâ€™s counsel, Chief Afe Babalola (SAN).
To further prove his point, he stated that the Court of Appeal, sitting in Lagos,Â had in a lead judgement, delivered in suit CA/L/339/04, on 23 November, 2007,Â dismissed a suit filed against him and six others in respect of the land by theÂ Ishoru family.
Justice Monica Bolna, and Dongban-Mensem, had, according to the certified copy ofÂ the judgement, obtained by Daily Sun held that: â€œThe learned trial judge havingÂ found and held that the suit of the appellant as plaintiff constitutes an abuse ofÂ process, the appropriate order to make was that of dismissal (Refer Onyeabuchi vsÂ Independent National Electoral Commission (2002) 8 WWLR Pt 769 P417) accordingly, noÂ miscarriage of justice was thereby occasioned to the plaintiff/appellants.
Two other justices of the court also gave their consents to the lead judgement.Â Besides, various title deeds obtained by the late Chief Ashamu, the Supreme CourtÂ had also declared him as the sole owner of the landed property.
Meanwhile, over 300 residents of the area at a meeting, held with Almoroof,Â condemned Almoroof despite all his efforts.