The Lagos State High Court in Ikeja has struck out a suit by some families over a parcel of land in Ipaja.
The claimants are Chief Abibu Ajibawo, Ayinla Falola, Babatunde Abiola and Pastor Babatunde Adebiyi-Ilo.
They sued for themselves and on behalf of Oguntoyinbo, Abiola, Falola and Ilo families.
The defendants are Prince Owen Adeniran, Chief Sikiru Odede, Chief Ajike Ogunbiyi, โpersons unknownโ, Lagos State Attorney-General and Commissioner for Justice and the Lagos State Task Force on Land Grabbers.
The claimants had sought an order of interim injunction restraining the first, second, third and fourth respondents or their agents from further selling or transferring a parcel of land at Ipaja, delineated on the Survey Plan BP401A&B dated 21/2/75 and prepared by B.P. Okuboyejo.
But, counsel for the defendants, Ola Shobowale, opposed the application on the basis that the court lacked jurisdiction to entertain it.
He contended that the case ought not to be before the court because there was no writ of summons or statement of claim, except the motion for injunction.
Ruling, Justice G.A.Safari held that the suit was instituted wrongly, thereby robbing the court of jurisdiction.
He said: โHaving not commenced the suit by either a writ of summons or an originating summons, I agree with Mr Ola Shobowale, counsel for the defendants/respondents that this suit is wrongly commenced having been commenced by a motion for injunction.
โIt, therefore, has no leg to stand upon and I so hold.
โI, therefore, hold that this suit is procedurally defective and I accordingly strike out sameโฆthis suit is struck out.โ
