Court Dismisses Stay Of Execution Suit Against Oba Of Isheri-Olorin

A Lagos High Court, Tafawa Balewa Complex, Lagos, Southwest Nigeria, has dismissed a stay of execution application filed against the Oba of Isheri-Olofin, Oba Wahab Ayinde Balogun and his people by the Olorunfunmi-Madarikan family of Ikosi-Idimu in Egbe-Idimu Local Council Development Area, LCDA, Lagos State.

The application which was filed on 3 July, 2012, following the judgement delivered in favour of Oba Wahab Ayinde Balogun and the people of Isheri-Olofin in a 32-year old land dispute on 15 May, 2012 in the same court, was aimed at halting the execution of the judgement by the claimants.

At the mention of the application on Tuesday, 3 October, 2012, counsel to the first and third defendants and that of the fourth defendant, Messrs Patrick Agwu and Ola Shobowale said the court has no jurisdiction to entertain the application since their clients have headed to the appeal court. The counsel to the claimants, Mrs. Bola Awoyemi said since the defendant were not ready to continue with the case, she prayed the court to dismiss the case, asking for a cost of N10,000 each for the first to third defendants and the fourth to ninth defendants.

Justice L.B. Lawal-Akapo dismissed the stay of execution application, awarding N10,000 each as costs to the first to third defendants and the fourth to ninth defendants.

In his earlier pronouncement on the major suit number ID/488/80 on 15 May, 2012, Justice Lawal-Akapo said he had found and held that the claimant, Oba Wahab Balogun had established his case on preponderance of evidence and the same succeeded, and that the fourth to ninth defendants have not adduced credible, cogent and convincing evidence in support of their counter-claim and the same failed.

He declared that the claimants are entitled to customary rights of occupancy to parcel of land situate, lying and being at old Isheri, forming common boundaries with Egbe village, Igando village up to Meshindi (now Ogbomosho village) with another portion of Isheriland formed by Abisiwa and more particularly delineated and verged red on plan number GF/1103A dated 17 november, 1981, drawn by G.F. Okusanya, licensed surveyor.

Justice Lawal-Akapo also granted an order of perpetual injunction against the first to third defendants, their servants, agents and or privies however from further trespass.