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|Land Dispute: ADRON Homes Stopped From Working On 594,757 Hectares Of Land by doggone: 4:12pm On Jul 05|
Land dispute: ADRON Homes stopped from working on 594,757 hectares of land in Ibadan land
Honourable Justice O.A. Adetujoye of the Ibadan High Court, on June 14, 2022, ordered an interlocutory injunction restraining Mrs. Oje Taibatu, Adron Homes & Properties (defendants in the case) and their agents, from further trespassing, entering or even erecting structures on a disputed piece of land at Olawoyin Orogun, Agangan Olawoyin Oleyo in Odo-Ona Elewe, Ibadan, pending the determination of a substantive suit.
The case, No I/698/2020, had many families join forces to seek legal redress at the court against the two defendants over the land in dispute.
The defendants' lawyer, Olugbenga Makinde, had asked the court to grant an interlocutory order to stop the property company from carrying out further constructions on the land pending the hearing of the substantive suit.
Kehinde Olawumi, who represented Adron Homes and Bolarinwa Lawal, who represented Mrs Taibatu, both opposed the application. The latter submitted that such an injunction could only be granted upon whether the applicants have legally protected interest, or whether there are triable issues from the facts of the case, or whether balance of convenience tilts in favour of the applicants, and finally submitted that the applicants did not provide sufficient material facts to warrant the granting of the application. He thereby prayed for outright dismissal of the application.
In the same vein, the former also submitted that interlocutory injunction does not exist as tool to be used by a party to deprive another party from enjoying peaceful possession of a property. In his conclusion, Olawumi urged the court to hold that the injunction sought by the claimants was malafide, frivolous and calculated to mislead the court.
In her examination of the arguments made by the lawyers, Justice Adetujoye said an application for interlocutory injunction seeks a discretionary remedy as long as such discretions are exercised judiciously.
"The essence of an interlocutory injunction is the preservation of the status quo ante bellum. The order is meant to forestall irreparable injury to the applicants' legal right.
"The issue for determination in this application is whether the applicants have satisfied the conditions to warrant the exercise of the discretion of this court in their favour.
"On the whole, I am satisfied that the applicants have fulfilled the requirements to enable this court exercise it's judicial discretion. I therefore make an order of interlocutory injunction restraining Adron Homes & Properties and Mrs Taibatu from further trespassing entering or even erecting structures on the piece of land at Olawoyin Oleyo area in Odo-Ona Elewe pending the determination of a substantive suit," she said.
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