A Lagos State High Court sitting in Yaba has prevented a real estate company, Property Development Company Plc, from dissipating, disposing or tampering with a plot of land measuring 5,306.989 square meters situated along Bishop Aboyade Cole Street, Victoria Island, Lagos, pending the hearing and determination of a claim brought against him.
Judge Olufunke Sule-Amzat issued the order while making a court ruling on a land parcel conservation order application filed with the court by one Oluwafemi Ayodele through his lawyer Gboyega Oyewole (SAN), leader of Kolawole Salami, Ademola Adefolaju and Tobiloba. Oyewole.
The plaintiff in a summons of origin filed pursuant to section 272(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and under Order 5 Rule 5 of the Rules (Civil Procedure) of the High Court of the State of Lagos, 2019, requested the court to determine whether the plaintiff is entitled to the specific performance of the valid and subsisting contract between him and the defendant for the purchase of the 1,000 square meter plot of land that represents the part of the surface Total land covered by piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
He asked the court for an order declaring that the contract between the plaintiff and the defendant “was duly executed based on the offer letter dated September 28, 2022, valid and subsisting taking into account the acceptance thereof and the payment of the consideration.
“A statement that the defendant has no right to breach the valid and subsisting contract between the plaintiff and the defendant constituted by an offer letter dated September 28, 2022 and acceptance thereof with due payment of the consideration for the offer”.
Therefore, he is praying for a “specific execution order on the execution of the Deed of Transfer by the defendant on the offered parcel of land that measures 1000 square meters that represents the portion of the total area covered by the piles, to along Bishop Aboyade Cole Street. , Victoria Island, Lagos and;
“Service of all title documents in relation to said 1,000 square meter parcel of land covered by the pilings and execution of all relevant documents necessary to grant proper title to the 1,000 square meter parcel of land to the claimant.”
The judge, in her ruling on the lawsuit, held that “I have heard the Erudite Silk, Gboyega Oyewole (SAN) plead with the court for a conservation order to maintain the status quo to prevent the dissipation of the ‘res’. I have become aware of the fact that the preservation of the ‘res’ would serve the best end of justice.
“I am also aware that it is necessary to listen to the other party and avoid a collapse of law and order, the parties to this lawsuit are hereby ordered to maintain the status quo pending the hearing and the determination of this demand”.
He also ordered that a notice of hearing be issued and a copy thereof with an affidavit of service be placed in the court docket before the next adjournment date.
The judge subsequently adjourned the case until February 7, 2023 to continue the proceedings.