GOVERNOR OF LAGOS STATE & ORS v. IRORUN
(2020)LCN/14193(CA)
In The Court Of Appeal
(LAGOS JUDICIAL DIVISION)
On Wednesday, May 27, 2020
CA/L/433/2018(R)
Before Our Lordships:
Mohammed Lawal Garba Justice of the Court of Appeal
Obande Festus Ogbuinya Justice of the Court of Appeal
Tijjani Abubakar Justice of the Court of Appeal
Between
- THE GOVERNOR OF LAGOS STATE 2. ATTORNEY GENRAL OF LAGOS STATE 3. LAGOS STATE ENVIRONMENTAL SANITATION AUTHORITY APPELANT(S)
And
ALHAJI JAMIU IRORUN RESPONDENT(S)
RATIO
THE MANDATORY DUTY OF PARTIES NOT TO TAKE ANY ACTION THAT WOULD OVER-REACH ANY DECISION THAT MAY BE REACHED BY THE COURT
Meanwhile, since the appeal is to be determined on the merit by the Court, it is the legal obligation and mandatory duty on the parties in the appeal not to do anything or take any action in respect of the subject matter of the appeal that would over-reach any decision that may be reached by the Court or practically foist a fait accompli on the Court in the determination of the appeal. MOHAMMED LAWAL GARBA, J.C.A.
MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Respondents in this appeal, by the Motion on Notice dated 24th and filed on the 28th of May, 2019, prays the Court for the following reliefs:-
“1. AN ORDER of Mandatory injunction against the Appellants/Respondents directing immediate restoration of the Respondent/Applicant’s parcel of land lying and situate at off Oregun Road, Ikeja, Lagos State more particularly delineated in Survey Plan No. JAA/LA/623/86 dated 27th August, 1986 and drawn by John Aigbe, a Licensed Surveyor, to the status quo ante bellum as at the 8th day of February, 2018 when the Appellants filed an appeal against the Judgment of the lower Court dated 7th February, 2018, delivered on the merits, in favour of the Respondent/Applicant.
2. AN ORDER of Mandatory injunction directing the Appellants/Respondents to, immediately, abate their ongoing trespass on the said land, described above, the subject-matter of this Appeal, by demolishing, evacuating and/or removing any structure or structures, howsoever called, built, constructed, erected and/or placed on the said land, in any manner whatsoever, and
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having the effect of foisting a fait accompli on this Honourable Court and/or prejudicing or adversely affecting the rights and interests of the Respondent/Applicant in the said land pending the hearing and final determination of this Appeal.
3. AND for such further or other orders as the Honourable Court may deem fit to make in the circumstance.”
The reliefs are premised on the grounds that: –
“1. The Respondent/Applicant is the owner of the piece or parcel of land lying and situate at off Oregun Road, Ikeja, Lagos State more particularly delineated on Survey Plan No. JAA/LA/623/86 dated 27th August, 1986 and drawn by John Aigbe, a Licensed Surveyor.
2. Sometime in 2004, the Appellants/Respondents forcefully entered the said parcel of land in possession of the Respondent/Applicant which led to his instituting Suit No. ID/1339/2004 at the High Court of Lagos State, Ikeja Judicial Division.
3. On the 7th day of February, 2018, Judgment was delivered, on the merits, in favour of the Respondent/Applicant by the High Court of Lagos State (Per Hon. Justice Candide-Johnson).
4. Consequent to the above, the
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Respondent/Applicant took immediate re-possession of the said land and erected a sign post thereon to inform members of the public of the said Judgment in his favour to obviate any form of trespass on the said land.
5. The Appellants/Respondents appealed the said Judgment via a Notice of Appeal dated 8th February, 2018.
6. The Record of Appeal was subsequently complied and the said Appeal was entered on the 6th of April, 2018.
7. The Appellants/Respondents rather than pursue their Appeal, have decided to use sheer executive force to take over the said land even before the Appeal they instituted is heard and determined.
8. On or about the 3rd of May, 2019, the Respondent/Applicant discovered that the Appellants/Respondents entered the said land, again, dug the ground and started construction works on the said land which is an open and vacant land.
9. Thus, the Respondent/Applicant filed an interlocutory injunction dated 10th May, 2019, at the Registry of the Court of Appeal, and same was served on the Appellants/Respondents on the 11th May, 2019 by the Bailiff of this Honourable Court, to restrain the said Appellants/Respondents from
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further trespass on the said land.
10. However, the Appellants/Respondents rather than stop the said unlawful act of trespass being carried out by them, upon being served with the said application for interlocutory injunction filed by the Respondent/Applicant, in a sheer executive show-off, intensified their unlawful action by speedily moulding blocks on the said land, building a wall fence round the land and other structures on the said land which has presently been constructed up to the roofing stage and is almost completed.
11. The Appellants/Respondents action is meant to steal a match on the Respondent/Applicant and to foist a fait accompli on the decision of the Honourable Court to be delivered on the instant Appeal if same is delivered in favour of the Respondent/Applicant.
12. Hence, there is the need for this Honourable Court to protect its integrity as the last hope of the common man and ensure that the said land, which is the ‘res’ of the Appeal is restored to the status quo as at the 8th day of February, 2018, by compelling the Appellants/Respondents to evacuate and/or remove anything constructed or erected by them on the
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said parcel of land.
13. If the Appellants/Respondents are not compelled now, the Respondent/Applicant would, if successful at the conclusion of the Appeal, be put in great expense to remove the structures constructed on the said land by the Appellants/Respondents.
14. The Appellants/Respondents trespass on the Respondent’s/Applicant’s property has infringed and is continuing to infringe on his right of peaceable enjoyment of the land, the ownership of which was confirmed by the trial Court on the 7th of February, 2018 to be vested in the Respondent/Applicant.
15. By virtue of Order 4 Rule 6, Court of Appeal Rules 2016, this Honourable Court has the requisite power to grant the prayer being sought herein.”
The motion is supported by an initial Affidavit of seven (7) paragraphs to which are attached copies of the judgement of Lagos State High Court (Lower Court) are delivered on the 7th of February, 2018 in favour of the Respondent against the Appellants and photographs taken at the land in dispute, among others, and, an eight (8) paragraphs Reply Affidavit to which were attached copies of a Ruling delivered on the 26th
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of May, 2005 by the Lower Court ordering the parties to maintain status quo, an Enrolled Order of Mandatory Injunction dated 16th of February, 2016 made/issued by the Lower Court against the Appellants for immediate restoration of the land in dispute to the status quo pendent life as at 4th of March, 2005, among other documents.
There is also a Written Address filed on the 11th of March, 2020 in support of the motion.
On their part, a twenty-six (26) paragraphs Counter-Affidavit was filed for the Respondents in opposition to the motion and a copy of the face of a motion filed before the Lower Court for an order of injunction pending appeal/stay of execution of its judgement of 7th of February, 2018 pending the determination of the appeal against the judgement, is attached thereto.
Although the motion was moved on the 23rd of March, 2020, the Court observes that the appeal is ready for hearing and is of the view that it is prudent to accelerate the hearing of the appeal for it to be determined on the merit expeditiously, and finally, rather than waste energy and resources on the motion which can await the final determination of the appeal on the
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merit.
Meanwhile, since the appeal is to be determined on the merit by the Court, it is the legal obligation and mandatory duty on the parties in the appeal not to do anything or take any action in respect of the subject matter of the appeal that would over-reach any decision that may be reached by the Court or practically foist a fait accompli on the Court in the determination of the appeal.
The motion is to await and abide by the decision of the Court in the appeal.
OBANDE FESTUS OGBUINYA, J.C.A.: I agree
TIJJANI ABUBAKAR J.C.A.: I had the privilege of reading the Ruling prepared and rendered by my Lord and Learned brother GARBA JCA, I endorse the reasoning and conclusion and adopt the Ruling as mine, I also abide by all consequential orders.
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Appearances:
Chief A. A. Aribisala, SAN with Sunday Adora, Esq.; M. A. A. Aribisala, Esq. O. Aribisala, Esq; and Y. M. Oganija For Appellant(s)
Mrs. A. M. Salawu, Deputy Director, Ministry of Justice, Lagos State For Respondent(s)
