Justices’ Absence Stalls Hearing of Appeal Filed by Tinubu Estate Trustees on Ijora Land Dispute

The suit filed by the Trustees of the Estate of late Madam Iyalode Efunroye Tinubu at the Court of Appeal Lagos, to challenge the decision of Justice Wasiu Animahaun of a Lagos High Court, on a disputed Ijora land, was stalled due to the absence of the Justices of the Appellate Court.

The hearing could not go on as scheduled because the Justices were unaviodably absent, to attend the valedictory session organised in honour of the retiring Court of Appeal President, Hon. Justice Zainab Bulkachuwa.

Justice Bulkachuwa, had on March 6, 2020 retired from the Bench as she attained the statutory mandatory retirement age of 70 years, but a special valedictory court session/reception was held in her honour at the Court of Appeal as part of the programmes of event lined up for her retirement.

Justice Animahaun had in his ruling delivered on January 23, 2019, dismissed the Appellant’s counter-claim filed on June 8, 2017 in Suit N0. M/5/2009, on the ground that it was an abuse of court process.

Dissatisfied with the lower court’s ruling, the Trustees had through their Lawyer, Ayoyinka Roberts, filed the appeal prayng the appellate court to set aside the entire ruling of the lower court made on January 23, dismissing the Appellant’s counter-claim filed on June 8, 2017 in Suit No. M/5/2009.

In the appeal marked CA/LAG/CV/589/2019 and filed through their attorney, Adamakin Investment and Work Limited, the Trustees are also praying the court for an order reinstating to the cause list of the lower court, the counter-claim in the same suit dismissed by the lower court.

They are praying the court for an order for the trial of their counter-claim before another court within the same jurisdiction, as constituted before the lower court.

In a 12-paragraph affidavit in support of the appeal and deposed to by one Ayoyinka Roberts, a legal practitioner of Reliance Solicitors, Lagos, the Trustees also prayed the Appellate Court to stay further proceedings in the matter, pending the determination of the appeal, stressing that taking further proceedings in the matter will foist a situation of helplessness on the Court of Appeal, and render the appeal nugatory.

According to the Appellant, the lower court erred in law when it decided that their counter/ claim was an abuse of court process, despite acknowledging that the counter-claim in the suit before him was the earlier in time.

But, the Respondents have argued that the counter-Claimant’s action was an attempt to reopen the issue litigated upon in the previous suit, which amounted to an abuse of court process.

They also anchored the argument on the period of time that litigation in the previous suit took, right from the High Court to the Supreme Court, stressing that the counter- Claimant and 6th Defendant in the suit are caught by the principle of Estoppel by conduct, having not joined the previous suit that lasted 37 years in court, despite having constructive notice of the pendency of the suit.

Ownership of the vast hectares of land spanning to Iganmu, Ijora, Badia, Orile and Coker Village areas of Lagos State has been a subject of litigation for over 37 years, before the Supreme Court on April 3, 2009 pronounced the Ojora Chieftaincy Family the legitimate owner of the disputed land.

However dispute arose on the land between Mr. Adeyemi Olusina Savage, Mrs. Roseline Yeside Roberts, Kolawole Akinleye Savage suing as administrators to the Estate of Kolapo Belugbade Savage as Claimants in Suit No. M/5/2009, while Taylor Woodrow Nigeria Limited, Oba AbdulFatai Aremu Aromire, Chief Fatai Adio Suleiman, Prince Olayiwola Oluwa, and Twinsectra Nigeria Linited, were listed as Respondents.

Meanwhile, before filing the appeal, Justice Animahaun had granted the parties in Suit No. M/5/2009 a consent judgement, in which the Claimsntd and the 4th to 6th Defendants as parties to the suit, agreed on some terms and conditions to settle the suit.

Amongst others, they agreed on an amicable resolution of issues of title raised in the suit, and the Claimants also agreed to cede unto 4th to 6th Defendants' family, all that piece or parcel of land situate, lying and being within the premises of No. 10 Abebe Village Road, Iganmu, Lagos State, measuring approximately 4951.350 square metres and more particularly delineated and verged red on the Survey Plan drawn in the name of Oba Fatai Aromire.

A new date for the hearing of the suit, is yet to be fixed.