Posted on Mar 10, 2020
The Court of Appeal sitting in Lagos has dismissed an application challenging six respondents’ ownership of land within Atunrase Estate at Gbagada, Lagos State.
A three-man panel of the court unanimously upheld the June 1, 2015 verdict of a Lagos High court which recognised the respondents’ ownership of the land.
The appeal was filed by Mr Oluhola Atunrase, Mr. Tunji Atunrase, Chief Jimoh Olujinmi Raji, Chief Nze Ezeokoli, Alhaji Tajudeen Mabifa, Dr. Charles Osakwe, Otunba Julius Akinlabi, Alhaji Wasiu Shobowale, Chief Emmanuel Ikenye, Pastor Samuel Adedoye, and Olufemi Apara.
The first to seventh respondents in the suit are Taiwo Seriki Tomori, Harp & Timbrel Limited, Bak Olu Resources Nig. Ltd, Gbolahan Akanbi Timson, Adesesan Dina, Olukoya and Deputy Sheriff High Court of Lagos State.
The appellants had approached the High Court seeking to set aside a consent judgment of October 22, 2008 in suit No. lD/203m/2008 which recognised the respondents as owners of the land.
They claimed that the consent judgment was obtained by fraud and collusion between the parties and therefore null and void.
Aside an order setting aside the execution of the consent judgment, they also sought N25 million damages against the first to sixth respondents for illegal execution of the consent judgment.
But the lower court held that their claims were unfounded.