The Ondo State High Court, sitting in Akure, has set aside the execution of the judgment of the court delivered in respect to a suit between Ajayi-Elekumo and Olokunjuwon families as regards the sale of lands in Alagbaka G.R.A Extension 2.
Justice Adegboyega Adebusoye in his judgement ruled that the earlier judgment was fraught with errors.
SUNSHINETRUTH gathered that applicants in the suit are; Olusola Aladesuyi, Tunde Oyinloye, Olusegun Adu-Peters, for themselves and on behalf of owners and landlords and residents association of Alagbaka extension 2.
While the respondents creditors and debtors include; Prince Olusola Osore, Pastor Thomas Ojo, for themselves and on behalf of Olokunjuwon family, Akure and Chief Oluwole Olokunjuwon, Ajayi Oluwole, Micheal Kerebu Olojido and Mikolad Ventures Limited.
Justice Adebusoye, however, set aside the warrant for possession issued on January 23, 2023 and directed the first and second judgment creditors/respondents to stay further execution of the judgement delivered in Suit No. AK/173/2012 on the January 5, 2017 pending the hearing and determination of the motion on notice for stay of execution at the Supreme Court.
The judge said; “In the same vein, the applicants, who have been hit very hard by the first and second respondents during their scuffle at the Court of Appeal in Appeal No. CA/AK/150A/2017, have now run to the Supreme Court as father of all for protection and to lodge their complaints.
“It is settled and not in contention that having found their way to the Supreme Court, the respondents and indeed all lower courts in the hierarchy of courts in Nigeria should bow in obeisance, awaiting the decision of the final court, the Supreme Court, on the matter, which will come sooner or later, but it will surely come.
“Until then, parties in this application are enjoined to hold their peace in their own best interest. Consequent on all the above, I am of the view that this application deserves a favourable consideration by this court so as to ensure that the hierarchy of our court system is not ridiculed or brought to public opprobrium and odium. As a result, this application succeeds and it is hereby granted.”
Reacting to the judgment, the Chairman, Ajayi-Elekumo Landlords and Residents Association of Alagbaka G.R.A Extension 2, Olusola Aladesuyi appreciated the judiciary for giving them hope.
Aladesuyi said; “We have always relied on following the right path of this issue, to this extent, I want to thank our members for their resilience and patience for not taking laws into their hands following the harassment and intimidation.
“At this point, I want to appeal to my co-landlords to continue to be at peace and to wait for the Supreme Court judgement. However, we have the authority of the court to protect our properties, if anybody comes to your land, make a report, don’t take law into your hand just report to the appropriate authority. Let us protect our properties in a peaceful manner and all of us should have a decorum as we have been doing.”
He, however, called on the state government and security agencies to enforce the safety of their lives and properties following the judgment.
