Family Files Notice of Consequence of Disobedience to Order of Court Against Lagos

A family in Lagos has filled Form 48, a Notice of consequence of disobedience to Order of Court against Lagos State Urban and Renewal Agency (LASURA) and the State Building Control Agency (LASBCA) for building structures on a disputed property known as plot 49 Martins, Street, Lagos Island in disregard of court order restraining parties from acting in ways that would be detrimental to the court process.

The Notice, dated August 6, 2015, against the General Manager, Lagos State Urban Renewal Authority (LASURA) states: “Take notice that unless you obey the directive contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison unless you purge yourself of the contempt”.

In a statement, the family accused the defendants (LASURA and LASBCA) of violating the order granted by Justice Hakeem Oshodi of the Lagos State High Court in the matter instituted by the family against the defendants.

The Judge had ordered that the status quo be maintained by all parties to the suit pending the determination of the case but according to the family the defendants have disobeyed the order and commenced erecting structures on the land.

Claimants in the suit are: Alhaji Fasasi Adesigbin Oluwole, Afeez Oladimeji Shitta and Alhaja Mutiat Olasumbo Hassan,(on behalf of the family of late Alhaja Taibat Shitta) and Alhaja Hadikat Talabi had in their suit laid claim to the disputed property at No 49 Martins Street, Lagos which has been the subject of litigation over a period of time.

Defendants include the Attorney General of Lagos State, Lagos State Urban Renewal Agency (LASURA) and the Lagos State Building Control Agency (LASBCA).

In the said suit before a Lagos High Court sitting in Igbosere, an order had earlier been granted restraining the Lagos State government from further demolition and dismantling the property located at plot 49, Martins Street, Lagos through its agent, Lagos State Building Control Agency (LASBCA).

In a subsequent motion on notice filed by the Claimants/ Applicants, they sought for an order of court restraining the defendants “either by themselves, agents, privies or whosoever from erecting any structure, or alienating to the 3rd party (LASBCA) or further interfering in any manner on any part of the property situate at No. 49, Martins Street/30, Shitta Street, Lagos pending the determination of the substantive suit in this case.”

Granting the prayers to the motion in the suit designated with number LD/ 7688/2014, Justice Oshodi ordered the parties to maintain status quo while adjourning the matter for the hearing of the Motion on Notice as well as Forms 17 & 18 in line with the provision of Order 38 Rule 2.

The Judge specifically ordered that: “Due to the peculiar nature of the facts of this case, it will be prudent for the Court to maintain status quo of the Respondents. In this respect, the Court hereby order that parties especially the 2nd and 3rd Defendants, do maintain status quo as at today”.

Embittered about the current development, the family represented by Alhaja Medinat Onimole, Mr. Dotun Alokolaro and Alhaja Mutiat Hassan on behalf of the family of late Alhaja Taibat Shitta and Alhaja Hadikat Talabi expressed disappointment over what they termed as “illegality” on the part of the government, pointing out that they were surprised that the past abuse of powers could continue under the new administration of Governor Akinwunmi Ambode.