Chief Mufutau Kehinde has petitioned the Court of Appeal in Ibadan, Oyo State, to halt the construction of the Abeokuta/Kobape dual road pending the determination of his appeal against the judgment of Justice Mobolaji Ojo of the Ogun State High Court.
Kehinde’s appeal, filed by his lawyer, Dr. Dada Awosika (SAN), challenges the lower court’s judgment, which resolved all three issues in favor of the defendants and dismissed his claims.
The appellant is seeking an order of injunction to restrain the respondents, including the Attorney-General of Ogun State and the Director-General, Bureau of Lands and Survey, from further constructing or tampering with the disputed land.
The disputed land, measuring approximately 85.3 hectares, is situated along the Abeokuta/Kobape dualized road within the 1.5km acquisition.
He made it known to the court via his Motion on Notice that the land “is more particularly shown on (1) Survey Pian No. ADC 97 (OG) drawn by Surveyor Ogunseye (2) Survey Plan No. ARC 98 (OG) drawn by Surveyor Ogunseye, (3) Provisional Survey Plan showing an area measuring 12.374 hectares, and (4) Survey Plan No. OG/1296/2003/103 drawn by Surveyor Adewale A. Oluwafemi.”
More so, noted that despite their knowledge of his appeal, he has “in the last couple of weeks observed massive construction, rebuilding and regeneration taking place within the area of land which is also the subject matter of this appeal.
Subsequent enquiries undertaken by the appellant revealed that the third parties undertaking construction on the res (subject matter) of this appeal were put on the land by the Respondents to this Appeal notwithstanding that this Appeal is yet to be heard and determined in line with due process.”
Kehinde argued that the respondents’ actions, despite their knowledge of his appeal, have raised substantial points of law that the appellate court is likely to resolve in his favor.
“It is imperative in the interest of justice that further development, construction and/or regeneration of the res of this Appeal be halted so that fait accompli is not foisted on this Honourable Court.
“This application is to ensure that the Appeal if successful, is not rendered nugatory or eroded by irreparable damage sought to be caused to the Appellant and the subject matter by the respondents.”
Kehinde’s application is supported by an affidavit deposed to by Folabomi Temitope, a Litigation Executive in the law firm of Messrs. D.A. Awosika SAN & Partners LLP. The Court of Appeal has yet to fix a date for the hearing of the appeal.
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